49–010 

1 25 U.S.C. § 640d et seq., as amended. 

2 48 Stat. 960. 

3 48 Stat. 984. 

Calendar No. 324 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–206 

AMENDING THE ACT OF DECEMBER 22, 1974, AND FOR 

OTHER PURPOSES 

DECEMBER 12, 2005.—Ordered to be printed 

Mr. MCCAIN, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 1003] 

The Committee on Indian Affairs, to which was referred the bill, 

S. 1003, to amend the Act of December 22, 1974, as amended, and 

for other purposes, having considered the same, reports favorably 

thereon and recommends that the bill do pass. 

PURPOSE

The purpose of S. 1003 is to amend P.L. 93–5311,1 the Navajo 

and Hopi Indian Land Settlement Act, to complete the relocation 

program and to phase out the Office of the Navajo and Hopi Indian 

Relocation by September 30, 2008. 

BACKGROUND

The Navajo and Hopi Indian Land Settlement Act was enacted 

on December 22, 1974 (hereafter, ‘‘the 1974 Act’’). The Act was intended to facilitate a settlement of all of the rights and interests 

of the Navajo and Hopi Tribes in lands known as the 1882 Executive Order Reservation and the 1934 Navajo Reservation. The Act 

was subsequently amended in 1980 (P.L. 96–305), 1988 (P.L. 100– 

166), 1991 (P.L. 102–180) and 1995 (P.L. 104–15). 

The necessity for the 1974 Act arose out of an Executive Order 

signed by President Chester Arthur on December 16, 1882 and two 

Acts of Congress enacted on June 14,2 and June 18,3 1934. The 


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4 25 U.S.C. § 461 et seq. 5 25 U.S.C. § 631 et seq. 

1882 Executive Order set aside approximately 2.5 million acres of 

land for the Hopi and ‘‘such other Indians as the Secretary of the 

Interior may see fit to settle thereon.’’ The 1934 Act established the 

exterior boundaries of the Navajo Nation and set aside the lands 

within the reservation for the Navajos and ‘‘such other Indians as 

may already be located thereon.’’

At the time of the 1882 Executive Order a small but indeterminate number of Navajos resided on portion of the reserved lands. 

At the time of the 1934 enactments, Hopi and other Indians, including the San Juan Southern Paiutes, occupied the lands reserved as part of the Navajo reservation. Most of the Hopi residents of the 1934 Reservation were located in the Village of 

Moencopi near Tuba City, Arizona. Throughout the 1890s and up 

to the present, the Hopi and Navajo Tribes have disputed the right 

to title and occupancy of lands in both reservations based on the 

1882 Executive Order and the 1934 Acts of Congress. 

The land disputes intensified in the 1940s as a result of action 

taken by the Secretary of the Interior pursuant to the Indian Reorganization Act 4 to establish grazing management districts on the 

two reservations for livestock control and to improve range management and soil conservation. Twenty-one districts were established in the early 1940s. District Six, comprised of about 631,000 

acres, was identified as an exclusive Hopi district located in the 

south-central portion of the 1882 Reservation. All remaining districts were assigned to the Navajo Tribe. 

The Hopi Tribe vigorously protested the establishment of District 

Six. Due to increasing tensions between the two tribes, the Congress passed the Navajo and Hopi Rehabilitation Act in 1950 (P.L. 

85–740).5 The Act was intended to promote cooperation between 

the tribes by providing federal funding for the construction of infrastructure including roads, hospitals, irrigation, radio and telephone 

communications. The Act authorized funds for the development of 

off-reservation employment opportunities for members of both 

tribes and for the continuing relocation of Navajos and Hopis to the 

Colorado River Indian Reservation. 

By 1957, all hope for cooperation and a mutual resolution of the 

underlying land disputes had evaporated. The Hopi Tribe sought 

legislation from Congress authorizing both tribes to sue one another to quiet title to the 1882 Reservation. On July 22, 1958, P.L. 

85–547 (72 Stat. 403) was enacted to authorize a suit in the Arizona Federal District Court ‘‘ . . . for the purpose of determining 

the rights and interests of [each tribe] in and to [the 1882 Reservation] and quieting title thereto in the tribes . . . establishing such 

claims . . . as may be just and fair in law and equity.’’ On August 

1, 1958, the Hopi Tribes sued the Navajo Tribe under the authority 

of P.L. 85–547. 

Four years later, the court ruled that the Hopi Tribe had the exclusive right to District Six and that both tribes had joint and 

equal rights to the surface and subsurface of the remainder of the 

1882 Reservation. Healing v. Jones, 210 F. Supp 125 (D. Az. 1962), 

aff’d 373 U.S. 758 (1963). The area outside of District Six became 

known as the Joint Use Area (JUA). Throughout the 1960s and 


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into the early 1970s the Hopi Tribe sought assistance from the Department of the Interior to gain joint and equal use of the JUA. All 

efforts by the Secretary to negotiate implementation of the Healing 

decision proved futile. 

In the early 1970s, the Hopi Tribe had several favorable Federal 

Court decisions which led to the enactment of the 1974 Act. In 

Hamilton v. Nakai, 453 F.2d 152 (9th Cir. 1971) the Appellate 

Court reversed the District Court’s denial of a Hopi petition for a 

Writ of Assistance to compel the Navajo Tribe to reduce its livestock in the JUA to enable Hopi to have access to the lands and 

to prevent further overgrazing. The Appellate Court ruled that the 

District Court had jurisdiction to enter an order in aid of its decision in Healing, even though the Congress had not expressly provided that authority to the Court in P.L. 85–547. 

In 1972, the United States brought suit on behalf of the Hopi 

Tribe to evict sixteen Navajos who were residing in District Six. 

United States v. Kabinto, 456 F.2d 1087 (9th Cir. 1972). The Appeals Court held that the Healing decision effectively extinguished 

any claim that the Navajo Tribe may have had to aboriginal title 

in District Six and that no compensation was due to the tribe. All 

Navajos residing in District Six were subsequently evicted. 

On March 13, 1970, the Hopi Tribe petitioned the District Court 

for a Writ of Compliance to compel the Navajo Tribe to share jointly with it in the surface and subsurface interests of the 1882 Reservation outside of District Six. The petition was denied. In 1974, 

the Court of Appeals reversed the District Court’s ruling. Hamilton 

v. MacDonald, 503 F.2d 1138 (9th Cir. 1975). The District Court 

subsequently imposed a freeze on any new construction by Navajos 

in the JUA and ordered the reduction of livestock herds managed 

by the Navajos in the JUA. 

THE 1974 ACT

P.L. 93–531 was enacted to promote a comprehensive settlement 

of the land dispute between the Navajo and Hopi Tribes in the 

1882 Reservation and the 1934 Reservation. The major provisions 

of the Act authorize: 

• The establishment of Navajo and Hopi negotiating teams 

under the auspices of a federal mediator for settlement of the 

1882 Reservation dispute through partition and land exchanges within a six month period from the date of enactment; 

• Court ordered partition of the 1882 Reservation based on 

the mediator’s recommendations in the event that the tribal 

negotiations did not succeed with the prescribed time period; 

• Relocation of Navajo and Hopi individuals residing on 

lands partitioned to the tribe of which they were not a member, with provisions to reduce the hardship of relocation to the 

degree possible; 

• The establishment of a three-member commission in the 

Department of the Interior to administer the relocation program; 

• Authority for the purchase of 250,000 acres of Bureau of 

Land Management lands by the Navajos for the purposes of relocation; 

• A livestock reduction program; and 


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• Authority for both tribes to sue each other and the United 

States for damages arising out of the disputes. 

In 1972 and 1973, several bills to settle the land disputes were 

introduced in the Congress prior to enactment of P.L. 93–531. Several hearings were held on competing bills in the House and Senate. Many of these bills included relocation provisions. A common 

estimate of cost for relocation was in the $40 million range. As 

many as 6,000 Navajos were estimated as eligible for relocation. In 

1977, after failed negotiations, the mediator estimated that adopting his recommended partition line would result in the relocation 

of approximately 3,495 Navajos. 

The Act intended that the relocation program would be complete 

five years after the Relocation Commission filed its plan, or on or 

about July 7, 1986. However, problems in implementing the Act 

arose and it became necessary for Congress to amend the Act several times. In 1980, P.L. 96–305 was enacted to amend the provisions on new land selections by the Navajo Tribe. These amendments were required due to overwhelming non-Indian resistance to 

the Navajo Nation’s selection of about 250,000 acres of BLM lands 

in the Arizona ‘‘strip’’ in the late 1970’s pursuant to the original 

Act. The 1980 amendments authorized transferring up to 250,000 

acres of federal land to the Navajo Nation and the acquisition of 

150,000 acres through purchase. Not more than 35,000 acres of 

lands acquired by transfer were authorized to be selected in New 

Mexico. The 1980 amendments also authorized the Relocation Commission to grant life estates to certain Navajos residing on the 1882 

Reservation partitioned to the Hopi Tribe. 

In 1988, Congress amended the Act again. P.L. 100–666 abolished the three-member Relocation Commissioner and established 

in its place the Office of Navajo and Hopi Indian Relocation as an 

Independent Agency of the Executive Branch under the authority 

of a single Commissioner. A 1988 amendment to the Act authorized not more than $10 million for fiscal years 1990 to 1995 to go into a trust fund for the ‘‘rehabilitation and improvement of the economic, educational and social condition of families and Navajo communities’’ affected by the 

Healing case, relocation, or the District Six grazing area. The 

amendment provided that income derived by the Navajo Tribe from 

surface and minerals rights acquired from authorized land purchases would reimburse the U.S. Treasury for amounts appropriated to the Fund. The Rehabilitation Trust Fund is to be administered by the Navajo Tribe under a ‘‘conceptual framework’’ approved by the Secretary of the Interior. 

In 1991, Congress amended the Act again to extend the authorization for the provision of relocation benefits until the end of fiscal 

year 1995. P.L. 102–180. In 1995, Congress extended the authorization through the end of fiscal year 1997. P.L. 104–15. 

THE NAVAJO AND HOPI SETTLEMENT ACT AMENDMENTS OF 2005

S. 1003 amends P.L. 93–531, as amended, to provide for the termination of the Office of Navajo and Hopi Indian Relocation [hereafter ‘‘ONHIR’’] by September 30, 2008. At that time, any remaining responsibilities under the Act are transferred to the Interior 

Secretary. ONHIR shall transfer to the Secretary the remaining 

personnel and funds to provide relocation benefits to remaining eliVerDate Aug 31 2005 01:59 Jan 11, 2006 Jkt 049010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR206.XXX SR206

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gible individuals who have not received their benefits by September 

30, 2008. The funds will be held in trust by the Secretary for distribution to such individuals or their heirs. The bill also establishes 

an expedited appellate procedure for final eligibility determinations. 

As noted above, the Office of Navajo and Hopi Indian Relocation 

was established by Public Law 100–666. The Act authorized 

ONHIR to make eligibility determinations and to hear appeals of 

those denied eligibility. Appeals of ineligibility decisions may be 

brought in federal court within 6 years of ONHIR’s final decision. 

Congress originally imposed a July 1985 deadline for Navajos and 

Hopis to apply for relocation benefits through the ONHIR. A court 

order postponed that deadline to July 7, 1986. 

To be eligible for relocation benefits, an applicant (1) must have 

been a legal resident of the disputed land on December 22, 1974 

and (2) must be the head of the household before July 7, 1986. 

Death or divorce from an original ‘‘head of household’’ could provide 

an exception to the criteria. Those found eligible are assigned a 

counselor to help them determine an area of relocation (on or off 

the reservation), acquire a home site, purchase an existing home or 

build a new one. Once relocated, the family is provided financial 

and other assistance to adjust to their new surroundings. At its inception, ONHIR employed 108 employees to carry out these responsibilities. 

By 1985, ONHIR had certified 1,276 individuals as eligible for relocation benefits. By 1994, that number increased to 3,302. As of 

May 1996 a total of 4,432 heads of household from both tribes had 

applied for relocation benefits. Of those certified, 26 were enrolled 

in the Hopi Tribe and 3,258 were enrolled in the Navajo Tribe. Of 

the Navajos who were certified, 2,617 households had received 

their benefits and 641 were still awaiting their relocation benefits. 

By April 1996, the cost for the relocation program was $319 million. 

In the 104th Congress, S. 2111 was introduced to phase-out the 

relocation program by September 2001. A hearing was held on the 

bill and many of the witnesses testified that the program could 

come to a close by 2001. Nonetheless, opposition to final passage 

remained due to pending approval by the Department of the Interior of the Accommodation Lease Agreement that provided for Navajo families to remain on portions of the Hopi Partitioned Land 

with the consent of the Hopi Tribe. 

The Committee believes that the ONHIR has consistently made 

best efforts to make relocation services available to all eligible Navajos and Hopis. Despite the July 1986 deadline for application and 

ONHIR’s efforts, however, by 1996, an estimated 50–100 individuals who were likely eligible for relocation benefits had not yet applied for such benefits. By March 2005, the ONHIR estimated that 

approximately 50 such individuals had not applied for relocation 

benefits. Nonetheless, by March, 2005, ONHIR had certified a total 

of 3,626 individuals as eligible for relocation benefits and documented 6 active pending appeals challenging a finding of ineligibility for relocation services. The Committee believes that ample 

notice to eligible individuals about the relocation program and the 

process for application has occurred over the last 30 years. 


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The Committee is also aware that actual funding for settlement activity has far exceeded the original cost estimate of $40 million. 

By June 2005, expenditures of ONHIR were estimated at approximately $480 million. Contributing to this is the continuing increase 

in cost to provide replacement home benefits over the last 30 years. 

These costs rose from $17,000 to $25,000 in 1974, $55,000 in 1985, 

and to $114,000 in 2005. During the operation of the relocation program, the average cost per home or move has steadily increased 

and continues to increase exponentially. 

Title I, Amendments to the Act of December 22, 1974 

To accomplish the intent of S. 1003, existing Sections of the Act 

are redesignated and seven sections of the Act are repealed, including Sections 1 through 5. These sections provide for the authority 

of the mediator, the tribal negotiating teams and the Arizona Federal District Court for the partition of the JUA. The authorities 

conferred by these Sections have been fully discharged. Similarly, 

Section 13, relating to the preparation and filing of reports to the 

Congress by the Commissioner is repealed. The mandated reports 

have been filed and no further reports are necessary. 

Section 6 which provides guidelines for use by the mediator and 

the court for partitioning the 1882 Reservation would be partially 

repealed as this authority has been discharged. 

Section 8 is amended by repealing paragraph (f) relating to the 

payment of legal fees for the San Juan Southern Paiute Tribe. This 

paragraph was added by P.L. 100–166 in 1988 and has since been 

discharged by the subsequent federal recognition by the Secretary 

of the Interior of the San Juan Southern Paiute Tribe. 

Section 10 is amended by striking any reference to life estates. 

This amendment has the effect of conforming the amended Act to 

reflect the repeal of Section 30. 

Section 11 is amended to terminate the Commissioner’s authority 

to select new lands for the Navajo Nation on September 30, 2006. 

Under the Act, the Commissioner’s authority to select lands continues until the land selection is complete or until the President determines that the functions of the ONHIR have been fully discharged pursuant to Section 12 of the Act. To phase-out the 

ONHIR in an orderly fashion, termination of the Commissioner’s 

land selection authority by a date certain is required. The Committee notes that although the Navajo Nation has previously selected the acreage available by the Act in New Mexico, it still may 

select up to another 13,000 acres for purchase in Arizona. The tribe 

may also request that the Commissioner request that the lands be 

taken into trust to complete all of the selections of land authorized 

by the 1980 amendments to the Act. P.L. 96–305. 

Section 12 is amended to terminate the Office of Navajo and 

Hopi Indian Relocation on September 30, 2008, rather than at the 

discretion of the President. The Committee believes that it is important to set a date certain to facilitate the orderly implementation of the Act. 

Section 12 is further amended to provide for the transfer of all 

remaining responsibilities, funds and personnel of ONHIR, effective 

October 1, 2006, to an Office of Relocation within the Office of the 

Department of the Interior. This earlier date authorizes the Secretary to prepare for assumption of this responsibility and to perVerDate Aug 31 2005 01:59 Jan 11, 2006 Jkt 049010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR206.XXX SR206

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mit the smooth transition of ONHIR personnel and resources prior 

to the closure of ONHIR. Thereafter, the Secretary is authorized to 

implement the final disposition of the relocation program and to 

terminate the Office once these responsibilities are complete. In establishing an Office with the Interior Department, the Committee 

is aware that a potential for conflict of interest in the Bureau of 

Indian Affairs [hereafter ‘‘BIA’’] in administering any aspect of P.L. 

93–531. The Committee’s expects that the Office of Relocation be 

sufficiently removed from the day-to-day business of the BIA to 

avoid such conflicts of interest. 

The Committee is aware that the Interior Department is concerned about taking on additional responsibilities. The Committee 

believes that the responsibilities to be transferred by September 

2008 will be minimal. Moreover, it is not intended to be permanent. 

The ONHIR continues to implement its responsibilities at a reasonable pace. Indeed, the ONHIR has informed the Committee that as 

of March 2005, approximately 130 families remained to be relocated. ONHIR reports anticipating that of the 130 families, 50 will 

be relocated during fiscal year 2005 and that 65 families will be relocated in fiscal year 2006. Further, the ONHIR anticipates closing 

approximately 15 inactive cases. Therefore, the responsibilities to 

be assumed by the Secretary are minimal but necessary to bring 

to finality this temporary program. 

Section 14 is amended in paragraph (a) to delete a reference to 

the filing of the relocation program plan and the completion of the 

program within five years from the date the plan was to take effect. Although the original Relocation Commission filed the required plan on July 7, 1981, completing the relocation program by 

1986 proved futile. A number of factors contributed to the slow 

pace of the relocation program, including an extremely low estimate by the BIA of approximately 1000 households to be relocated, 

resistance to Navajo land selections, delays in administration of the 

National Historic Preservation Act and the Archaeological Resources Protection Act as they apply to the activities of the relocation program, uncertainties associated with efforts to redraw the 

original partition line in the 1882 Reservation and numerous court 

challenges to the Act and its administration by either the Commission or the Interior Secretary. The amendments to paragraph (a) 

reflect the reality of these delays and otherwise conform the Act to 

the amendments contained in this legislation. 

Section 14 is further amended to add a new paragraph (d) which 

prohibits the payment of any benefits under the Act to any head 

of household who has not been certified eligible for benefits by September 30, 2008. The Committee intends that the seemingly never 

ending process of determining eligibility for relocation benefits be 

completed by a certain date. As noted earlier, individuals have had 

approximately 30 years in which to apply for benefits or to appeal 

ineligibility claims. Other provisions of the bill would establish procedures to ensure adequate notice to any potentially eligible individuals, fair review of their applications and prompt appeals of eligibility denials. 

Section 15 is amended by adding several new paragraphs. The 

Committee is aware that there are many eligible relocatees who 

long ago left the partitioned lands in an effort to comply with the 

Act, but who may not have received their replacement homes for 


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various reasons. The new paragraph (e) in Section 15 ensures that 

these individuals receive the benefits for which they have been certified as eligible. If a replacement home has not been provided by 

the time that the ONHIR ceases to exist, this provision provides a 

final opportunity for the eligible head of household to receive a replacement home or for his or her heirs to receive their pro-rata 

share of the replacement home benefit in cash. 

The new paragraph (e) requires the Commissioner of the ONHIR 

to notify the Secretary of any eligible relocatees who have left the 

lands partitioned to the tribe of which they are not members, but 

whose circumstances have prevented ONHIR from completing the 

replacement home process and who have not received a replacement home by September 30, 2008. The Commissioner would simultaneously transfer to the Secretary the funds necessary to provide such homes. The Secretary will hold the funds in trust for the 

benefit of each head of household until such time as the head of 

household request the funds for the acquisition of a replacement 

home. If no replacement home has been selected by the head of 

household at the time of his or her death, the Secretary will distribute the funds to his or her adult heir. Such funds would no 

longer be held in trust. If the heirs of the head of household are 

minors, the Secretary would continue to hold their share of the 

funds in trust until they attain the age of majority. The funds 

would then be distributed to such heirs and cease to be held in 

trust. 

A new paragraph (f) is also added to Section 15 which requires 

the Commissioner to implement the provisions of 25 C.F.R. sections 

700.138 and 700.139 commencing 180 days after the date of enactment. This amendment is intended to ensure timely completion of 

identifying, notifying and reaching eligibility determinations for individuals who were residents on July 7, 1986 of the 1882 Reservation lands partitioned to the Hopi Tribe who have continuously resided there since that date and who were also otherwise eligible for 

relocation benefits. This amendment also clarifies the roles of the 

Interior Secretary, the Commissioner and the United States Attorney for the District of Arizona in the possible removal of individuals from Hopi partitioned lands and the construction of replacement homes for those individuals. The Commissioner’s authority to 

begin construction of replacement homes for such individuals would 

cease after July 1, 2008. This provision provides adequate time for 

the Commissioner to complete the construction of homes prior to 

the September 30, 2008, ONHIR closure. 

Section 15 is further amended by adding a new paragraph (i) to 

authorize the Commissioner to establish expedited procedures for 

reaching final determinations after an appeal from a decision of ineligibility for relocation benefits. As of May 1, 1996, the ONHIR 

had 115 active pending appeals. By March 2005, ONHIR had 6 appeals, including active and inactive appeals. These appeals of ineligibility would be processed under an expedited procedure established by the Commissioner. The Committee expects that other appeals may arise as a result of the new paragraph (i) which requires 

the Commissioner to provide notice to anyone who may have a 

right to an eligibility determination who must file a request for 

such determination within 180 days of the notice. A denial of eligiVerDate Aug 31 2005 01:59 Jan 11, 2006 Jkt 049010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR206.XXX SR206

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bility arising therefrom would be processed through the expedited 

appeals process. 

The Committee is aware that the Commissioner will be operating 

on a tight time-line under this section. To the extent that any of 

these amendments require that the Commissioner publish new 

rules, the Committee anticipates that the Commissioner will publish Interim Final Rules consistent with the Administrative Procedures Act to permit public comment on the rules while the amendments are being implemented and the relocation program is being 

completed. 

A new paragraph (j) is added to Section 15 to authorize the Commissioner to contract for services and employ personnel in order to 

complete the expedited eligibility determination and appeals process. The Director of the Interior Department’s Office of Hearings 

and Appeals is authorized to make a qualified hearing officer available to the Commissioner. 

A new paragraph (k) is added to Section 15 to establish a process 

for expedited judicial review of any final decision of the ONHIR 

which results in a denial of relocation benefits. Under this procedure, applicants who have been determined ineligible would have 

30 days from the date of such determination to file an appeal in 

the Ninth Circuit United States Court of Appeals. The Commissioner would then certify the record to the Court and the Court 

would have 60 days from the receipt of the certified record to complete its review of the appeal. All decisions of the Court would be 

final with no further appeal provided. Any determination of the 

Commissioner which is supported by substantial evidence would be 

affirmed by the Court. The Committee believes that, given the time 

that individuals have had to apply for benefits, the estimated number of bona fide eligible individuals that have not to date applied 

and the current appeals pending, the expedited judicial review will 

not have a significant impact on the Court or its function. 

Section 25 of the Act is amended in paragraph (a) to provide an 

authorization for such sums as are necessary to carry out the relocation program for fiscal years 2006, 2007 and 2008. Although 

ONHIR will cease to exist on September 30, 2008, the Committee 

has authorized funding through fiscal year 2008 to ensure that the 

Secretary has an authorization for such funds as may be necessary 

to carry out its duties in that fiscal year. 

Section 25 is also amended by deleting the authority for appropriations for the mediator, life estates and the discretionary funds 

for the Commissioner. These funds are supplemental and not required for the completion of the relocation program. They do not 

conform to other provisions of the Act as amended. 

Section 27 is amended by repealing paragraph (c) providing for 

construction of the Hopi High School and the Health Center. This 

provision has been fully discharged. 

Section 28 is amended by adding a new paragraph (c) to require 

that the construction activities of the Commission be undertaken in 

compliance with 16 U.S.C. §§ 469a–1–469c. Compliance with these 

sections ensures compliance with the National Historic Preservation Act [NHPA] and the Archaeological Resource Protection Act 

[ARPA]. One major cause of delay in completing the relocation program has been the lengthy process of completing the consultation 

required of the ONHIR under NHPA and ARPA. Requiring compliVerDate Aug 31 2005 01:59 Jan 11, 2006 Jkt 049010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR206.XXX SR206

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ance with sections 469a–1 through 469c will provide adequate protection for protected property and resources while allowing the 

Commissioner to expeditiously discharge its duties to relocatees. 

The Committee expects that personnel experienced in the protection of cultural resources will continue to be employed with ONHIR 

to ensure full compliance with these statutes. The Committee urges 

the ONHIR and the Secretary to enter into a Memorandum of Understanding on how they will implement any remaining duties affected by this section. 

Section 30, relating to life estates is repealed. This provision was 

added in the 1980 amendments but was never implemented by its 

intended beneficiaries—the Navajos residing on lands in the 1882 

Reservation which had been partitioned to the Hopi Tribe. Due to 

the unique Navajo culture, the ‘‘life estates’’ were viewed as ‘‘death 

estates,’’ consequently, only one eligible Navajo chose to consider 

the option to remain on lands partitioned to the Hopi Tribe pursuant to this section. 

Finally, throughout the Act, various technical and correctional 

amendments are provided to ensure conformity and ease of reference. 

Title II, Personnel of the Office of Navajo and Hopi Indian Relocation 

Title II of S. 1003 includes amendments to facilitate the work of 

the ONHIR personnel while providing for their orderly placement 

and retirement. At its inception, ONHIR employed 108 employees. 

As of May 1996, the Office employed 85 full-time and 2 temporary 

employees. As of March 2005, the ONHIR employed 49 individuals. 

Of these employees, approximately 10 will not be entitled to immediate retirement or discontinued service by September 2008. All remaining employees are immediately eligible for retirement or discontinued service or will be by September 2008. As ONHIR phases 

out its duty, the Commissioner will require authority to exercise 

discretion and to provide modest incentives to employees to effectively manage the reduction in work force while simultaneously 

completing the relocation program. 

Section 5597 of Title 5 is amended to provide for voluntary separation incentive payments to personnel of the ONHIR to increase 

attrition. The Commissioner would be authorized to restrict which 

positions may be eligible for such payments in order to avoid the 

disruption of work. The incentive payments would not be limited 

to severance pay levels. 

Sections 8336, 8339, 8412 and 8415 of Title 5 is amended to modify the retirement computations for employees who are eligible for 

retirement under early or optional retirement regulations. These 

amendments are intended to promote reductions in ONHIR personnel without the need for adverse action and to provide retirement benefits comparable to those available to other agency federal 

employees who have the opportunity to complete their service and 

retire. 

A change would also be made in the annuity formula of the Federal Employee Retirement System [FERS] for employees of ONHIR 

to provide a comparable increased retirement for those under this 

system. There is precedent for instituting such a change in annuity 


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computation, as was provided for certain Indian Health Service and 

BIA employees in P.L. 96–135. 

The Committee is aware that the Office of Personnel Management opposes the provisions of Title II. Primarily, OPM is concerned that the ONHIR employees should not receive employment 

benefits that differ from any other federal employee. The Committee recognizes that reductions in the number of employees of 

ONHIR through attrition and outplacement will likely be nominal 

by 2008. Budgetary impacts of the proposed modifications to the 

annuity computation formulas are therefore, negligible. 

Title III, Transfer of Functions and Savings Provisions 

Title III of S. 1003 includes amendments to permit a seamless 

transition of relocation duties from the ONHIR to the Interior Department. Included in this title are provisions to ensure that all remaining functions, including assets, liabilities, unexpended balances, authorizations and appropriations are transferred to the 

Secretary and thereafter such resources shall be used only for their 

intended purpose. The Committee expects that the Secretary shall 

resolve all remaining relocation responsibilities in a manner consistent with existing ONHIR policy and procedure. In so doing, the 

Secretary is authorized to rely on existing legal documents, such as 

federal regulations and policies until such time as a particular 

function is complete. 

LEGISLATIVE HISTORY

S. 1003 was introduced by Senator McCain on May 21, 2005 and 

the bill was referred to the Senate Committee on Indian Affairs. 

On July 21, 2005, the Committee on Indian Affairs held a hearing 

on S. 1003. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTE

In an open business meeting on October 27, 2005, the Committee 

on Indian Affairs unanimously voted to order the bill reported with 

the recommendation that the Senate pass the bill. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short Title. This section provides that the bill may be 

cited as the ‘‘Navajo and Hopi Settlement Act Amendments of 

2005.’’

Section 101. Amendments to the Navajo and Hopi Settlement 

Act. This section sets forth twenty-six amendments to the Navajo 

and Hopi Settlement Act, as amended, as follows: 

1. Seven sections are repealed: Section 1 (25 U.S.C. § 640d) providing for the appointment and duties of a Mediator; Section 2 (25 

U.S.C. § 640d–1) establishing the appointment and duties of the 

Navajo and Hopi negotiating teams; Section 3 (25 U.S.C. § 640–d) 

relating to implementation of agreements reached by the negotiating teams; Section 4 (25 U.S.C. § 640d–3) establishing procedures 

to be used by the Mediator and the Federal District Court should 

the negotiating teams not reach agreement; Section 5 (25 U.S.C. 

§ 640d–4) providing other recommendations by the Mediator and 

the Federal District Court; Section 13 (25 U.S.C. § 640d–12) requiring the Commission to prepare and file reports in the Congress; 


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Section 30 (25 U.S.C. § 640d–28) providing life estates to Navajos 

residing on Hopi partitioned lands. 

2. By redesignating, partially repealing and amending Section 6 

(25 U.S.C. § 640d–5) relating to the partition of the Joint Use Area 

of the 1882 Reservation established by Executive Order. 

3. By deliniating a Definition Section as Section 1. 

4. By redesignating the remaining Section 6 as Section 2. 

5. By redesignating Section 7 (25 U.S.C.§ 640d–6) as Section 3. 

6. By redesignating Section 8 (25 U.S.C. § 640d–7) as Section 4 

and by repealing subparagraph (f) which contained provisions relating to the payment of legal fees for the San Juan Southern Paiute Tribe prior to its Federal recognition. 

7. By redesignating Section 9 (25 U.S.C. § 640d–8) as Section 5. 

8. By redesignating Section 10 (25 U.S.C. § 640d–9) as Section 6. 

9. By redesignating Section 11(a) (25 U.S.C. § 640–10(a)) as Section 7 and amending it to terminate the Commissioner’s authority 

to select lands for the Navajo Nation on September 30, 2008, and 

to authorize the Commissioner to make homesites available to extended family members of Navajos who are deemed eligible for benefits to facilitate the relocation process. 

10. By redesignating Section 12 (25 U.S.C. § 640d–11) as Section 

8. This section is amended to provide for: termination of the 

ONHIR on September 30, 2008; the transfer of all remaining responsibilities, personnel, funds and resources to the Secretary of 

the Interior; to establish an Office of Relocation in the Office of the 

Secretary which will remain until all relocation functions are discharged. 

11. By redesignating Section 13 (25 U.S.C. § 640d–12) as Section 

9. 

12. By redesignating Section 14 (25 U.S.C. § 640d–13) as Section 

10 and deleting references in paragraph (a) requiring the filing of 

a relocation plan and completing the relocation program. A new 

paragraph (d) is added to prohibit payment of benefits to any head 

of household not certified as eligible by September 30, 2008. 

13. By redesignating Section 15 (25 U.S.C. § 640d–14) as Section 

11 and amending it to add a new paragraph (e) to require the Commissioner to notify the Secretary by September 30, 2008, of any eligible relocatees who have left partitioned lands but who have not 

received a replacement home and to transfer the funds to do so. 

The Secretary is authorized to hold such funds in trust for each 

head of household until the head of household requests a replacement home. If the Secretary holds the funds for head of household 

at the time of his or her death, the funds shall be distributed to 

the heirs of the head of household and shall no longer be held in 

trust. 

This section of the Act is further amended by adding a new paragraph (f) which directs the Commissioner to implement the provisions of 25 C.F.R. § 700.138 within 180 days after the enactment 

of these amendments. Upon the expiration of all time periods in 25 

C.F.R. § 700.138, the Commissioner shall provide notice to the Secretary and United States Attorney for the District of Arizona which 

are required by section 700.139. At any time prior to July 1, 2008, 

the Commissioner is authorized to construct a replacement home 

within 90 days of receiving notice from the Secretary or the United 


ccoleman on PROD1PC71 with HEARING
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States Attorney, that the removal of a relocatee from the Hopi partitioned lands is imminent. 

This section of the Act is also amended by striking the existing 

paragraph (g) and inserting in lieu thereof a new paragraph (i) to 

authorize the Commissioner to establish an expedited procedure for 

reaching final determination on any appeal from denial of eligibility. The Commissioner must provide a final notice, by mail and/ 

or publication, to anyone who may have a right to an eligibility determination within 30 days from enactment of the amendments 

and all requests for such determinations must be filed within 180 

days from the date of notice. 

A new paragraph (j) is added to this section to authorize the 

Commissioner to contract for services and employ personnel to provide eligibility determinations and appeals. Upon request, the Director of the Office of Hearings and Appeals of the Department of 

the Interior shall provide a hearing officer to the Commissioner to 

assist in hearings to review eligibility. 

A new paragraph (k) is added to provide for a final and expedited 

appeal of any final eligibility determination by the Office of the 

Circuit Court of Appeals for the Ninth Circuit. All appeals shall be 

filed within 30 days of final action by ONHIR and the Court shall 

complete its review within 60 days after receipt of the certified 

record from ONHIR. All such appeals shall be reviewed on the 

basis of a certified record and any denial of eligibility which is supported by substantial evidence shall be affirmed. 

14. By redesignating Section 16 (25 U.S.C. § 640d–15) as Section 

12. 

15. By redesignating Section 17 (25 U.S.C. § 640d–16) as Section 

13. 

16. By redesignating Section 18 (25 U.S.C. § 640d–17) as Section 

14. 

17. By redesignating Section 19 (25 U.S.C. § 640d–18) as Section 

15. 

18. By redesignating Section 20 (25 U.S.C. § 640d–19) as Section 

16. 

19. By redesignating Section 21 (25 U.S.C. § 640d–20) as Section 

17. 

20. By redesignating Section 22 (25 U.S.C. § 640d–21) as Section 

18. 

21. By redesignating Section 23 (25 U.S.C. § 640d–22) as Section 

19. 

22. By redesignating Section 24 (25 U.S.C. § 640d–23) as Section 

20. 

23. By redesignating Section 25 (25 U.S.C. § 640d–24) as Section 

27. This section is further amended to provide authorizations of appropriations for fiscal years 2006 through 2008. 

24. By redesignating Section 27 (25 U.S.C. § 640d–25) as Section 

21. 

25. By redesignating Section 28 (25 U.S.C. § 640d–26) as Section 

22. 

26. By redesignating Section 29 (25 U.S.C. § 640d–27) as Section 

23. 

27. By redesignating Section 31 (25 U.S.C. § 640d–29) as Section 

24. 


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28. By redesignating Section 32 (25 U.S.C. § 640d–30) as Section 

25. 

29. By redesignating the second designated Section 32 (25 U.S.C. 

§ 640–31) as Section 26. 

Title II, Personnel of the Office of Navajo and Hopi Indian Relocation. Section 201 contains six amendments to Title 5 of the 

United States Code as follows: 

1. By amending pargraph (b) of Section 3501 to exclude employees of the ONHIR from reduction-in-force regulations. 

2. By amending Section 5597 to include employees of the ONHIR 

in the provisions for voluntary and separation incentive pay. 

3. By amending Section 8336 to include employees of the ONHIR 

in subparagraph (1) to make them eligible for early or optional retirement programs. 

4. By amending Section 8336 to modify the retirement computations for those employees of the ONHIR who can retire under early 

or optional retirement regulations. 

5. By amending Section 8412 to include employees of the ONHIR 

in the annuity provisions. 

6. By amending Section 8415 to modify the annuity computations 

for employees of the ONHIR who are eligible for annuities. 

Title III, Transfer of Functions and Savings Provisions. This title 

provides the Secretary of the Interior with necessary authority to 

receive funds, personnel and resources from the ONHIR to implement its remaining responsibilities until such time as those responsibilities are complete. 

COST AND BUDGETARY CONSIDERATION

The cost estimate for S. 1003, as calculated by the Congressional 

Budget Office is set forth below: 

DECEMBER 2, 2005. 

Hon. JOHN MCCAIN, 

Chairman, Committee on Indian Affairs, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1003, the Navajo-Hopi Land 

Settlement Amendments of 2005. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, Director. 

Enclosure. 

S. 1003—Navajo-Hopi Land Settlement Amendments of 2005 

Summary: S. 1003 would amend the Navajo-Hopi Land Settlement Act of 1974 to phase out the responsibilities of the Office of 

Navajo and Hopi Indian Relocation (ONHIR) and close that office 

at the end of fiscal year 2008. The remaining duties of the ONHIR 

would be transferred to a new Office of Relocation within the Department of the Interior. The bill also would make technical 

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ment. Finally, the bill would amend civil service laws regarding the 

personnel of ONHIR. 

CBO estimates that enacting S. 1003 would have no significant 

effect on direct spending or revenues. In addition, we estimate that 

implementing S. 1003 would reduce discretionary spending by $15 

million over the 2009–2010 period (relative to estimated baseline 

spending over that period), assuming appropriations are reduced by 

the estimated amounts. 

S. 1003 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

The bill would eliminate a provision that currently authorizes assistance to the Navajo and Hopi Tribes for expenses associated 

with the relocation process. It would impose no other costs on state, 

local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1003 is shown in the following table. The cost 

of this legislation falls within budget functions 450 (community development) and 800 (general government). 

By fiscal year, in millions of dollars— 

2006 2007 2008 2009 2010 

SPENDING SUBJECT TO APPROPRIATION 1

ONHIR Spending Under Current Law: 2

Estimated Authorization Level ................................................... 9 9 9 10 10 

Estimated Outlays ...................................................................... 9 9 9 10 10 

Proposed Changes: 

Spending for ONHIR: 

Estimated Authorization Level .......................................... 0 0 0 ¥10 ¥10 

Estimated Outlays ............................................................. 0 0 0 ¥9 ¥10 

Spending for Office of Relocations: 

Estimated Authorization Level .......................................... 0 * * 2 2 

Estimated Outlays ............................................................. 0 * * 2 2 

Separation Pay: 

Estimated Authorization Level .......................................... 0 * * * * 

Estimated Outlays ............................................................. 0 * * * * 

ONHIR Spending Under S. 1003: 

Estimated Authorization Level ................................................... 9 9 9 2 2 

Estimated Outlays ...................................................................... 9 9 9 3 2 

1 Enacting S. 1003 also would increase direct spending by less than $500,000 a year over the 2006–2015 period. 2 Current law authorizes the appropriation of such sums as are necessary for fiscal years 2006 through 2008 for ONHIR. 

CBO’s baseline over that period is equal to the 2006 appropriation adjusted for anticipated inflation. 

Notes: * = less than $500,000; components may not sum to totals because of rounding. 

Basis of estimate: For this estimate, CBO assumes that the bill 

will be enacted in fiscal year 2006 and that the necessary amounts 

will be provided each year. 

Spending subject to appropriation 

CBO estimates that implementing S. 1003 would save $15 million over the 2006–2010 period—relative to CBO’s baseline projections—and assuming appropriations are reduced by the estimated 

amounts. 

Office of Navajo-Hopi Indian Relocation. S. 1003 would phase out 

the activities of the ONHIR as authorized by the Navajo-Hopi Land 

Settlement Act of 1974, terminate the office on September 30, 2008, 

and transfer all remaining activities to the Department of Interior 

(DOI). The bill would require ONHIR to transfer all remaining 

funds for construction of replacement homes to those who have not 

received a replacement home by September 30, 2008. Based on the 


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level of funding for 2006, information from ONHIR, and adjusting 

for anticipated inflation, CBO estimates that the termination of the 

office would save about $19 million over the 2009–2010 period. 

Office of Relocation. S. 1003 would establish an Office of Relocation within DOI on October 1, 2006, to take over the remaining duties and responsibilities of the ONHIR. This would include final 

construction projects and funds held in trust for future construction 

projects for individuals and future heirs. Based on information 

from ONHIR, CBO estimates that the new office would cost about 

$2 million annually over the 2009–2010 period. 

Separation Pay. S. 1003 would establish a program to provide 

separation pay for the employees of ONHIR over the 2007–2010 period during the phaseout of ONHIR and the transfer of duties to 

DOI. Based on information from ONHIR, CBO expects that this 

provision would not significantly affect federal spending because 

less than 50 employees would qualify for such payments. 

Direct spending 

Federal employees who were first hired before 1985 are generally 

covered by the Civil Service Retirement System (CSRS), while most 

other employees are covered by the Federal Employees’ Retirement 

System (FERS). S. 1003 would use a more-generous formula to calculate retirement benefits for certain workers employed by the Office of Navajo and Hopi Indian Relocation. 

About 50 employees currently work for the Office of Navajo and 

Hopi Indian Relocation, and CBO expects almost all of those workers would qualify for the higher benefits once they retire. The higher accrual rate would boost annuities for workers by 10 percent to 

20 percent. Because of the small number of employees involved, 

CBO estimates that direct spending on CSRS and FERS retirement 

benefits would increase, but by less than $500,000 a year over the 

2006–2015 period. 

Intergovernmental and private-sector impact: S. 1003 contains no 

intergovernmental or private-sector mandates as defined in UMRA. 

The bill would eliminate a provision that currently authorizes assistance to the Navajo and Hopi Tribes for expenses associated 

with the relocation process. It would impose no other costs on 

State, local, or tribal governments. 

Estimate prepared by: Federal Costs: DOI Spending: Matthew 

Pickford; Separation Pay: Ellen Hays; Civil Service Retirement: 

Craig Meklir and Geoff Gerhardt. 

Impact on State, Local, and Tribal Governments: Marjorie Miller; 

Impact on the private sector: Selena Caldera. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

REGULATORY AND PAPERWORK IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires that each report accompanying a bill to evaluate the 

regulatory and paperwork impact that would be incurred in carrying out the bill. The Committee concludes that S. 1003 will reduce regulatory or paperwork requirements and impacts. 


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EXECUTIVE COMMUNICATIONS

The Committee has not received written correspondence from the 

Department of the Interior. However, the Department of the Interior did provide written and oral testimony on the bill at a Committee Hearing on July 21, 2005. The Committee received a letter 

from the Office of Personnel Management regarding title II of the 

bill. The letter is attached. 

U.S. OFFICE OF PERSONNEL MANAGEMENT, 

Washington, DC, September 26, 2005. 

Hon. JOHN MCCAIN, 

Chairman, Committee on Indian Affairs, 

U.S. Senate, Hart Senate Office Building, Washington, DC. 

DEAR MR. CHAIRMAN: I am writing to offer the views of the Office 

of Personnel Management (OPM) on S. 1003, the ‘‘Navajo-Hopi 

Land Settlement Amendments of 2005.’’ This bill would amend prior statutory provisions intended to provide the basis for settlement of longstanding territorial disputes involving the Navajo Nation and the Hopi Tribe. In 1974, Public Law 

93–531, the Navajo and Hopi Settlement Act, established a Navajo 

and Hopi Indian Relocation Commission in the Department of Interior. In 1988, Public Law 100–666 abolished the Commission and 

established in its place the Office of Navajo and Hopi Indian Relocation (ONHIR) as an independent agency within the executive 

branch. ONHIR was not intended to be a permanent organization, 

and a one-time authorization for providing relocation benefits 

would have expired at the end of fiscal year 1997. The principal 

purpose of the proposed amendments is to provide for the completion of the relocation program, and termination of ONHIR by September 30, 2008. We take no position with regard to this central 

aspect of the proposal. 

In terms of human capital management, there is nothing that 

sets ONHIR apart from numerous other temporary Government entities. ONHIR was established as a temporary organization. While 

its life has been extended, it will eventually terminate. Its employees have always understood that their organization would sunset. 

There is time for an orderly shutdown. Thus, no basis exists to 

treat ONHIR in a manner different from other temporary Government entities as to human resources policy. However, Title II of the 

bill includes such provisions, related to reduction in force, separation payments, and retirement. We strongly oppose each of these 

provisions. 

Section 201 would revise present 5 U.S.C. 3501(b) to exclude employees of ONHIR from coverage under OPM’s 5 CFR part 351 reduction in force regulations. The proposed language would make 

employees of ONHIR subject to summary termination in a reduction in force situation without regard to their retention standing 

(including veterans’ preference entitlements). 

Section 202 would reference 5 U.S.C. 5597 (which covers buyouts 

in the Department of Defense (DOD) and which was supplemented 

by Public Law 108–136, DOD’s 2003 legislation) in authorizing 

ONHIR to pay buyouts to its employees through December 31, 

2009. Technically, this is confusing, since under section 108 of the 

bill, ONHIR would cease to exist on December 31, 2008. Although 

the buyouts would be capped at $25,000, the gross amount of a 


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maximum buyout would decline to $20,000 in CY 2008, and then 

to $15,000 in CY 2009. 

In determining both employees’ eligibility for buyouts and the 

computation of benefits, we believe the Office should continue to be 

covered by the buyout provisions of section 1313(a) of the Homeland Security Act of 2002 (Public Law 107–296), codified in 5 

U.S.C. 3521 through 3525. We find no justification for the Office 

to be granted its own buyout authority or to depart from the 

buyout computation formula included in 5 U.S.C. 3523(b)(3). 

Section 203 would amend 5 U.S.C. 8336, 8339, 8412, and 8415 

to provide preferential retirement eligibility and computation provisions for employees of ONHIR. Under the Civil Service Retirement 

System (CSRS), individuals would be permitted to retire voluntarily at age 50 with 20 years of service, or at any age with 25 

years of service. This authority is unnecessary since a voluntary 

early retirement authority could be provided administratively 

under existing law, if necessary and appropriate. If separated involuntarily, individuals would be permitted to retire at age 48 with 

18 years of service, or at any age with 23 years of service. We object to this unwarranted preferential benefit applicable to only a 

small class of individuals whose situation is commonplace. 

The normal CSRS annuity computation allows 11⁄2 percent for 

each of the first 5 years of service, 13⁄4 percent for each of the next 

5 years of service, and 2 percent for each year of service in excess 

of 10 years. Under this proposal, the CSRS annuity of an individual would be computed under the regular formula, except that 

service with ONHIR performed on and after January 1, 1985, 

would be credited at 21⁄2 percent for the first 10 years of such service, and at 2 percent for such service over 10 years. As with the 

involuntary separation provision, we also object to this preferential 

benefit. 

Under the Federal Employees Retirement System (FERS), 

ONHIR employees would be permitted to retire voluntarily at age 

50 with 20 years of service, or at any age with 25 years of service. 

As with CSRS, this authority is unnecessary since a voluntary 

early retirement authority could be provided administratively 

under existing law. 

The normal FERS annuity computation provides 1 percent for 

each year of service (1.1 percent if the individual is at least age 62 

with 20 years of service at retirement). A limited number of employees (such as law enforcement officers and firefighters) are entitled to 1.7 percent for each of the first 20 years of service, and 1 

percent for each year in excess of 20. 

Under this proposal, FERS employees of ONHIR would have 

their benefits computed under a uniquely liberal formula. ONHIR 

service performed on and after January 1, 1985, would be credited 

at 2 percent for the first 10 years of such service, and at 11⁄2 percent for such service over 10 years. There is no rationale for why 

this small group should receive a more liberal FERS computation 

than anyone else, including law enforcement officers, firefighters, 

and Members of Congress. 

Under both CSRS and FERS, the enhanced annuity computation 

would not be limited to those persons who are involuntarily separated. It would also be available to those who accept voluntary 

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gible for regular optional retirement. It is not logical to provide 

special retirement provisions that would serve as an incentive to 

remain employed, while at the same time providing for voluntary 

separation incentive payments to induce early separations. 

Throughout Government, organizations are changing, with many 

employees not having the opportunity to complete their careers. 

There is nothing unique about this situation that would justify 

granting special annuity computation provisions that are not available to other employees whose employment terminate prior to completion of a full career. To provide such an unfunded windfall to 

this small group would be extraordinarily unfair to those other 

similarly situated employees who would not be provided such generous treatment. Moreover, not only are these provisions unjustified, there are no provisions made for funding the added costs of 

the higher annuities. 

In summary, while we take no position on the majority of the 

bill, we object to the Title II personnel provisions related to 

ONHIR. The Office of Management and Budget advises that there 

is no objection to the submission of this report from the standpoint 

of the Administration’s program. 

Sincerely, 

DAN G. BLAIR, Deputy Director. 

CHANGES IN EXISTING LAW

In compliance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

1003, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed is 

shown in roman): 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Navajo-Hopi 

Land Settlement Amendments of 2005’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AMENDMENTS TO THE NAVAJO-HOPI LAND SETTLEMENT ACT 

OF 1974 

Sec. 101. Repeal of sections. 

Sec. 102. Definitions; division of land. 

Sec. 103. Joint ownership of minerals. 

Sec. 104. Actions. 

Sec. 105. Paiute Indian allotments. 

Sec. 106. Partitioned and other designated land. 

Sec. 107. Resettlement land for Navajo Tribe. 

Sec. 108. Office of Navajo and Hopi Indian Relocation. 

Sec. 109. Report. 

Sec. 110. Relocation of households and members. 

Sec. 111. Relocation housing. 

Sec. 112. Payment for use of land. 

Sec. 113. Effect of Act. 

Sec. 114. Actions for accounting, fair value of grazing, and claims for damages to 

land. 

Sec. 115. Joint use. 

Sec. 116. Religious ceremonies; piping of water. 

Sec. 117. Access to religious shrines. 


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Sec. 118. Exclusion of payments from certain Federal determinations of income. 

Sec. 119. Authorization of exchange. 

Sec. 120. Severability. 

Sec. 121. Authorization of appropriations. 

Sec. 122. Discretionary fund. 

Sec. 123. Environmental impact; wilderness study; cancellation of leases and permits. 

Sec. 124. Attorney fees and court costs. 

Sec. 125. Lobbying. 

Sec. 126. Navajo Rehabilitation Trust Fund. 

Sec. 127. Availability of funds for relocation assistance. 

TITLE II—PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI INDIAN 

RELOCATION 

Sec. 201. Retention preference. 

Sec. 202. Separation pay. 

Sec. 203. Federal retirement. 

TITLE III—TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS 

Sec. 301. Definitions. 

Sec. 302. Transfer of functions. 

Sec. 303. Transfer and allocations of appropriations. 

Sec. 304. Effect of Title. 

TITLE I—AMENDMENTS TO THE ACT OF DECEMBER 22, 

1974 

SEC. 101. REPEAL OF SECTIONS. 

(a) IN GENERAL.—The Act of December 22, 1974 (25 U.S.C. 640d 

et seq.), is amended in the first undesignated section by striking 

‘‘That, (a) within’’ and all that follows through the end of the section. 

ø§640d–1 

ø(a) Within thirty days after December 22, 1974, the Secretary 

shall communicate in writing with the tribal councils of the tribes 

directing the appointment of a negotiating team representing each 

tribe. Each negotiating team shall be composed of not more than 

five members to be certified by appropriate resolution of the respective tribal council. Each tribal council shall promptly fill any vacancies which may occur on its negotiating team. Notwithstanding any 

other provision of law, each negotiating team, when appointed and 

certified, shall have full authority to bind its tribe with respect to 

any other matter concerning the joint use area within the scope of 

this subchapter. 

ø(b) In the event either or both of the tribal councils fail to select 

and certify a negotiating team within thirty days after the Secretary communicates with the tribal council under subsection (a) of 

this section or to select and certify a replacement member within 

thirty days of the occurrence of a vacancy, the provisions of section 

640d–3(a) of this title shall become effective. 

ø(c) Within fifteen days after formal certification of both negotiating teams to the Mediator, the Mediator shall schedule the first 

negotiating session at such time and place as he deems appropriate. The negotiating sessions, which shall be chaired by the Mediator, shall be held at such times and places as the Mediator 

deems appropriate. At such sessions, the Mediator may, if he 

deems it appropriate, put forward his own suggestions for procedure, the agenda, and the resolution of the issues in controversy. 


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ø(d) In the event either negotiating team fails to attend two consecutive sessions or, in the opinion of the Mediator, either negotiating team fails to bargain in good faith or an impasse is reached, 

the provisions of section 640d–3(a) of this title shall become effective. 

ø(e) In the event of a disagreement within a negotiating team the 

majority of the members of the team shall prevail and act on behalf 

of the team unless the resolution of the tribal council certifying the 

team specifically provides otherwise. 

ø§640d–2 

ø(a) If, within one hundred and eighty days after the first session 

scheduled by the Mediator under section 640d–1(c) of this title, full 

agreement is reached, such agreement shall be put in such form as 

the Mediator determines best expresses the intent of the tribes and 

shall then be submitted to the Secretary and the Attorney General 

of the United States for their comments as they relate to the interest of the United States in the proceedings. These comments are 

to be submitted to the Mediator and the negotiating teams within 

thirty days. The negotiating teams and the Mediator shall then 

consider the comments and, if agreement can still be reached on 

terms acceptable to the negotiating teams and the Mediator within 

sixty days of receipt by him of the comments, the agreement shall 

be put in final written form and shall be signed by the members 

of the negotiating teams and the Mediator. The Mediator shall then 

cause the agreement to be entered into the records of the supplemental proceedings in the Healing case. The provisions of the 

agreement shall be reviewed by the District Court, modified where 

necessary, and put into effect immediately thereafter. 

ø(b) If, within the one hundred and eighty day period referred to 

in subsection (a) of this section, a partial agreement has been 

reached between the tribes and they wish such partial agreement 

to go into effect, they shall follow the procedure set forth in subsection (a) of this section. The partial agreement shall then be considered by the Mediator in preparing his report, and the District 

Court in making a final adjudication, pursuant to section 640d–3 

of this title. 

ø(c) For the purpose of this section, the negotiating teams may 

make any provision in the agreement or partial agreement not inconsistent with existing law. No such agreement or any provision 

in it shall result in a taking by the United States of private property compensable under the Fifth Amendment of the Constitution 

of the United States. 

ø25 U.S.C. §640d–3 

øIf the negotiating teams fail to reach full agreement within the 

time period allowed in section 640d–2(a) of this title or if one or 

both of the tribes are in default under the provisions of section 

640d–1(b) or (d) of this title, the Mediator, within ninety days 

thereafter, shall prepare and submit to the District Court a report 

containing his recommendations for the settlement of the interests 

and rights set out in section 640d(a) of this title which shall be 

most reasonable and equitable in light of the law and circumstances and consistent with the provisions of this subchapter. 

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ommendations (which are not binding thereon) and any further 

proceedings which the District Court may schedule, the District 

Court is authorized to make a final adjudication, including partition of the joint use area, and enter the judgments in the supplemental proceedings in the Healing case. 

ø25 U.S.C. §640d–4 

ø(a) For the purpose of facilitating an agreement pursuant to section 640d–2 of this title or preparing a report pursuant to section 

640d–3 of this title, the Mediator is authorized—

ø(1) notwithstanding the provisions of section 211 of this 

title, to recommend that, subject to the consent of the Secretary, there be purchased or otherwise acquired additional 

lands for the benefit of either tribe from the funds of either 

tribe or funds under any other authority of law; 

ø(2) to recommend that, subject to the consent of the Secretary, there be undertaken a program of restoration of lands 

lying within the joint use area, employing for such purpose 

funds authorized by this subchapter, funds of either tribe, or 

funds under any other authority of law; 

ø(3) to recommend that, subject to the consent of the Secretary, there be undertaken a program for relocation of members of one tribe from lands which may be partitioned to the 

other tribe in the joint use area; 

ø(4) Repealed. Pub. L. 93–531, § 30(a), as added Pub. L. 96–

305, § 11, July 8, 1980, 94 Stat. 934. 

ø(5) to make any other recommendations as are in conformity with this subchapter and the Healing case to facilitate 

a settlement. 

ø(b) The authorization contained in subsection (a) of this section 

shall be discretionary and shall not be construed to represent any 

directive of the Congress.¿ 

§ 640d–5. 

SECTION 1. DEFINITIONS. 

In this Act: 

(1) DISTRICT COURT.—The term ‘‘District Court’’ means the 

United States District Court for the District of Arizona. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 

the Interior. 

(3) TRIBE.—The term ‘‘Tribe’’ means—

(A) the Navajo Indian Tribe; and 

(B) the Hopi Indian Tribe. 

SEC. 2. DIVISION OF LAND. 

(a) DIVISION.—

(1) IN GENERAL.—The land located within the boundaries of 

the reservation established by Executive Order on December 16, 

1982, shall be divided into parcels of equal acreage and quality—

(A) to the maximum extent practicable; and 

(B) in accordance with the final order issued by the District Court on August 30, 1978 (providing for the partition 

of the surface rights and interest of the tribes). 


ccoleman on PROD1PC71 with HEARING
23 

(2) VALUATION OF PARCELS.—For the purpose of calculating 

the value of a parcel produced by a division under paragraph 

(1), the Secretary shall— (A) take into account any improvement on the land; and 

(B) consider the grazing capacity of the land to be fully 

restored. 

(3) COMPENSATION OF TRIBES.—If the partition under paragraph (1) result in parcels of unequal value, as determined by 

the Secretary, the tribe that receives the more valuable parcel 

shall pay to the other tribe compensation in an amount equal 

to the difference in the values of the parcels, as determined by 

the Secretary. 

(4) COMPENSATION OF FEDERAL GOVERNMENT.—If the District 

Court determines that the failure of the Federal Government to 

fulfill an obligation of the Government resulted in the decrease 

in value of a parcel under paragraph (1), the Government shall 

pay to the recipient of the parcel compensation in an amount 

equal to the difference between— (A) the decreased value of the parcel; and 

(B) the value of the fully restored parcel. 

ø(g) Any¿ 

(b) LICENSE FEES AND RENTS.—Any claim the Hopi Tribe may 

have against the Navajo Tribe for an accounting of all sums collected by the Navajo Tribe since September 17, 1957, as trader license fees or commissions, lease rental or proceeds, or other similar 

charges for doing business or for damages in the use of lands within the joint use area, shall be for a one-half share in such sums. 

ø(h) ANY¿ (c) GRAZING AND AGRICULTURAL USE.—Any claim the 

Hopi Tribe may have against the Navajo Tribe for the determination and recovery of the fair value of the grazing and agricultural 

use of the lands within the joint use area by the Navajo Tribe and 

its individual members, since September 28, 1962, shall be for onehalf of such value. 

øJoint ownership and management of coal, oil, gas and other 

minerals within or underlying partitioned lands; division of proceeds¿ 

§ 640d–6. 

SEC. 3. JOINT OWNERSHIP OF MINERALS. 

(a) IN GENERAL.—Partition of the surface of the lands of the 

Joint Use Area shall not affect the Joint ownership status of the 

coal, oil, gas and all other minerals within or underlying such 

lands. 

(b) JOINT MANAGEMENT.—All such coal, oil, gas and other minerals within or underlying such lands shall be managed jointly by 

the two tribes, subject to supervision and approval by the Secretary 

as otherwise required by law, and the proceeds therefrom shall be 

divided between the tribes, share and share alike. øDetermination 

of tribal rights and interests in land¿ 

§ 640d–7. 

SEC. 4. ACTIONS. 

ø(a) ACTIONS IN DISTRICT COURT.—Either tribe acting through 

the Chairman of its Tribal Council for and on behalf of the tribe, 

is each hereby authorized to commence or defend in the District 


ccoleman on PROD1PC71 with HEARING
24 

Court an action Against the other tribe and any other tribe of Indians claiming any interests in or to the area described in the Act 

of June 14, 1934, Except the reservations established by the Executive Or of December 16, 1882, for the purpose of determining the 

rights and interests of the tribes in and to such lands and quieting 

Title thereto in the tribes. 

ø(b) Lands, if any¿ (b) ALLOCATION OF LAND.— (1) NAVAJO RESERVATION.—Any land in which the Navajo 

Tribe or Navajo individuals are determined by the District 

Court to have the exclusive interest shall continue to be a part 

of the Navajo Reservation. øLands if any¿ 

(2) HOPI RESERVATION.—Any land in which the Hopi Tribe, 

including any Hopi Village or Clan thereof, or Hopi individuals, are determined by the District Court to have the exclusive interest shall thereafter be a reservation for the Hopi 

Tribe. 

(3) JOINT AND UNDIVIDED INTERESTS.—Any land in which the 

Navajo and Hopi Tribes or Navajo or Hopi Individuals are determined to have a joint or undivided interest shall be partitioned by the District Court on the Basis of fairness and equity 

and the area so partitioned shall be retained in the Navajo 

Reservation or added to the Hopi reservation, respectively. 

ø(c)(1) Either¿ (c) EXCHANGE OF LAND.—(1) IN GENERAL.—Either 

as a part of or in a proceeding supplementary to the action authorized in subsection (a) of this section, either tribe, through the chairman of its tribal council for and on behalf of the tribe, including 

all villages, clans, and individual members thereof, may prosecute 

or defend an action for the types of relief, including interest, specified in øsection 18¿ section 14 of this title, including all subsections 

thereof, against the other tribe, through its tribal chairman in a 

like representative capacity, and against the United States as to 

the types of recovery specified in subsection (a)(3) of øsection 18¿ 

section 14 of this title and subject to the same provisions as contained in said subsection, such action to apply to the lands in issue 

in the reservation established by the Act of June 14, 1934 (48 Stat. 

960). 

ø(2) In the event¿ (2) INTERESTS OF TRIBES.—If the Hopi Tribe 

or Navajo Tribe is determined to have any interest in the lands in 

issue, the right of either tribe to recover hereunder shall be based 

upon that percentage of the total sums collected, use made, waste 

committed, and other amounts of recovery, which is equal to the 

percentage of lands in issue in which either tribe is determined to 

have such interest. 

ø(3) Neither¿ (3) DEFENSE.—Neither laches nor the statute of 

limitations shall constitute a defense to such proceedings if they 

are either prosecuted as a part of the action authorized by this section or in a proceeding supplemental thereto, if instituted not later 

than 24 months following a final order of partition and exhaustion 

of appeals in an action filed pursuant to this section. 

ø(d) Nothing¿ (d) EFFECT OF SECTION.—Nothing in this section 

shall be deemed to be a Congressional determination of the merits 

of the conflicting claims to the lands that are subject to adjudication pursuant to this section, or to affect the liability of the United 

States, if any, under litigation now pending before the Indian 

Claims Commission. 


ccoleman on PROD1PC71 with HEARING
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ø(e) The¿ (e) PAYMENT OF LEGAL FEES, COURT COSTS, AND

OTHER EXPENSES.—The Secretary of the Interior is authorized to 

pay any or all appropriate legal fees, court costs, and other related 

expenses arising out of, or in connection with, the commencing of, 

or defending against, any action brought by the Navajo, San Juan 

Southern Paiute or Hopi Tribe under this section. 

ø(f) * * * 

ø(1) Any funds made available for the San Juan Souther Paiute Tribe to pay for attorney’s fees shall be paid directly to the 

tribe’s attorneys of record until such tribe is acknowledged as 

an Indian tribe by the United States; Provided, That the tribe’s 

eligibility for such payments shall cease once a decision by the 

Secretary of the Interior declining to acknowledge such tribe 

becomes final and no longer appealable. 

ø(2) Nothing in this subsection shall be interpreted as a congressional acknowledgment of the San Juan Southern Paiute 

as an Indian tribe or as affecting in any way the San Juan 

Southern Paiute Tribe’s Petition for Recognition currently 

pending with the Secretary of the Interior 

ø(3) There is hereby authorized to be appropriated not to exceed $250,000 to pay for the legal expenses incurred by the 

Southern Paiute Tribe on legal action arising under this section prior to November 16, 1988¿ 

§ 640d–8 

øSEC. 9. Notwithstanding¿ 

SEC. 5. PAIUTE INDIAN ALLOTMENTS. 

Notwithstanding any other provision of this subchapter, the Secretary is authorized to allot in severalty to individual Paiute Indians, not now members of the Navajo Tribe, who are located within 

the area described in the Act of June 14, 1934 (48 Stat. 960), and 

who were located within such area, or are direct descendants of 

Paiute Indians who were located within such area, on the date of 

such Act, land in quantities as specified in section 331 of this title, 

and patents shall be issued to them for such lands having the legal 

effect and declaring that the United States holds such land in trust 

for the sole use and benefit of each allottee and, following his 

death, of his heirs according to the laws of the State of Arizona. 

§ 640d–9 

øSEC. 10. (a) SUBJECT¿ 

SEC. 6. PARTITIONED AND OTHER DESIGNATED LAND. 

ø(a) Lands to be held in trust for Navajo Tribe; exception¿ 

(a) NAVAJO TRUST LAND.—Subject to the provisions of øsection 9 

and subsection (a) of section 17¿ sections 5 and 13(a) of this title, 

any lands partitioned to the Navajo Tribe pursuant to sections 

640d–2 and 640d–3 of this title and the lands described in the Act 

of June 14, 1934 (48 Stat. 960), except the lands as described in 

section 640d–7 of this title, shall be held in trust by the United 

States exclusively for the Navajo Tribe and as a part of the Navajo 

Reservation. 

ø(b)¿ (b) HOPI TRUST LAND.—Subject to the provisions of øsection 

9 and subsection 9(a) of section 17¿ sections 5 and 13(a) of this 

title, any lands partitioned to the Hopi Tribe pursuant to øsections 


ccoleman on PROD1PC71 with HEARING
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3 or 4¿ section 2 of this title and the lands as described in øsection 

8¿ section 4 of this title shall be held in trust by the United States 

exclusively for the Hopi Tribe and as a part of the Hopi Reservation. 

ø(c)¿ (c) PROTECTION OF RIGHTS AND PROPERTY.—The Secretary 

shall take such action as may be necessary in order to assure the 

protection, until relocation, of the rights and property of individuals subject to relocation pursuant to this subchapter, or any judgment of partition pursuant to this Act. 

ø(d)¿ (d) PROTECTION OF BENEFITS AND SERVICES.—With respect 

to any individual subject to relocation, the Secretary shall take 

such action as may be necessary to assure that such individuals 

are not deprived of benefits or services by reason of their status as 

an individual subject to relocation. 

ø(e)(1) Lands¿ (e) TRIBAL JURISDICTION OVER PARTITIONED

LAND.—(1) IN GENERAL.—Land partitioned pursuant to this subchapter, whether or not the partition order is subject to appeal, 

shall be subject to the jurisdiction of the tribe to whom partitioned 

and the laws of such tribe shall apply to such partitioned lands 

under the following schedule: 

(A) Effective 90 days after July 8, 1980, all conservation 

practices, including grazing control and range restoration activities, shall be coordinated and executed with the concurrence 

of the tribe to whom the particular lands in question have been 

partitioned, and all such grazing and range restoration matters 

on the Navajo Reservation lands shall be administered by the 

Bureau of Indian Affairs Navajo Area Office and on the Hopi 

Reservation lands by the Bureau of Indian Affairs Phoenix 

Area Office, under applicable laws and regulations. 

(B) Notwithstanding any provision of law to the contrary, 

each tribe shall have such jurisdiction and authority over any 

lands partitioned to it and all persons located thereon, not in 

conflict with the laws and regulations referred to in paragraph 

(A) above, to the same extent as is applicable to those other 

portions of its reservation. Such jurisdiction and authority over 

partitioned lands shall become effective April 18, 1981. øThe 

provisions¿ 

(2) RESPONSIBILITY OF SECRETARY.—The provisions of this subsection shall be subject to the responsibility of the Secretary to protect the rights and property of ølife tenants and¿ persons awaiting 

relocation as provided in subsections (c) and (d) of this section. 

(f) DEVELOPMENT OF LANDS IN LITIGATION; EXCEPTION.—

(1) Any development of lands in litigation pursuant to section 640d–7 of this title and further defined as ‘‘that portion 

of the Navajo Reservation lying west of the Executive Order 

Reservation of 1882 and bounded on the north and south by 

westerly extensions, to the reservation line, of the northern 

and southern boundaries of said Executive Order Reservation,’’

shall be carried out only upon the written consent of each tribe 

except for the limited areas around the village of Moenkopi 

and around Tuba City. Each such area has been heretofore 

designated by the Secretary. ‘‘Development’’ as used herein 

shall mean any new construction or improvement to the property and further includes public work projects, power and 


ccoleman on PROD1PC71 with HEARING
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water lines, public agency improvements, and associated 

rights-of-way. 

(2) Each Indian tribe which receives a written request for 

the consent of the Indian tribe to a particular improvement, 

construction, or other development on the lands to which paragraph (1) applies shall respond in writing to such request by 

no later than the date that is 30 days after the date on which 

the Indian tribe receives the request. If the Indian tribe refuse 

to consent to the improvement, construction, or other development, the response shall include the reasons why consent is 

being refused. 

(3)(A) Paragraph (1) shall not apply to any improvement, 

construction, or other development if— (I) such improvement, construction, or development does 

not involve new housing construction, and 

(ii) after the Navajo Tribe or Hopi Tribe has refused 

to consent to such improvement, construction, or development (or after the close of the 30-day period described in paragraph (2), if the Indian tribe does not 

respond within such period in writing to a written request for such consent), the Secretary of the Interior 

determines that such improvement, construction, or 

development is necessary for the health or safety of 

the Navajo Tribe, the Hopi Tribe, or any individual 

who is a member of either tribe. 

(B) If a written request for a determination described in subparagraph (A)(ii) is submitted to the Secretary of the Interior 

after the Navajo Tribe or Hopi Tribe has refused to consent to 

any improvement, construction, or development (or after the 

close of the 30-day period described in paragraph (2), if the Indian tribe does not respond within such period in writing to a 

written request for such consent), the Secretary shall, by no 

later than the date that is 45 days after the date on which 

such request is submitted to the Secretary, determine whether 

such improvement, construction, or development is necessary 

for the health or safety of the Navajo Tribe, the Hopi Tribe, or 

any individual who is a member of either Tribe. 

(C) Any development that is undertaken pursuant to this 

section shall be without prejudice to the rights of the parties 

in the civil action pending before the United States District 

Court for the District of Arizona commenced pursuant to section 640d–7 of this title, as amended. 

§ 640d–10(a) 

øSEC. 11. (a) The Secretary¿ 

SEC. 7. RESETTLEMENT OF LAND FOR NAVAJO TRIBE. 

(a) TRANSFER OF LAND.—(1) IN GENERAL.—The Secretary is authorized and directed to—

ø(1) transfer not to exceed two hundred and fifty thousands 

acres of lands¿ (A) transfer not more than 250,000 acres of land 

under the jurisdiction of the Bureau of Land Management 

within the State of Arizona and New Mexico to the Navajo 

øTribe: Provided, That, in order to facilitate such transfer, the 

Secretary is authorized to exchange such lands for State or private lands of equal value or, if they are not equal, the values 


ccoleman on PROD1PC71 with HEARING
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shall be equalized by the payment of money to the grantor or 

to the Secretary as the circumstances require so long as payment does not exceed 25 per centum of the total value of the 

lands transferred out of Federal ownership. The Secretary 

shall try to reduce the payment to as small an amount as possible.¿ Tribe; and 

ø(2) on behalf¿ (B) on behalf of the United States, accept 

title to not to exceed one hundred and fifty thousand acres of 

private lands acquired by the Navajo Tribe. øTitle thereto shall 

be taken in the name of the United States in trust for the benefit of the Navajo Tribe as a part of the Navajo Reservation.¿ 

(2) EXCHANGE OF LAND.—

(A) IN GENERAL.—In order to facilitate a transfer of land 

under paragraph (1)(A), the Secretary may exchange land described in paragraph (1)(A) for State or private land of equal 

value. 

(B) UNEQUAL VALUE.—If the State or private land described 

in subparagraph (A) is of unequal value to the land described 

in paragraph (1)(A), the recipient of the land that is of greater 

value shall pay to the other party to the exchange under subparagraph (A) compensation in an amount not to exceed the 

lesser of—

(i) the difference between the values of the land exchanged; or 

(ii) the amount that is 25 percent of the total value of the 

land transferred from the Secretary to the Navajo Tribe. 

(C) RESPONSIBILITY OF SECRETARY.—The Secretary shall ensure that the amount of payment under subparagraph (B) is as 

minimal as practicable. 

(3) TITLE TO LAND ACCEPTED.—The Secretary shall accept title to 

land under paragraph (1)(B) on behalf of the United States in trust 

for the benefit of the Navajo Tribe as a part of the Navajo reservation. 

øSubject to the provisions of the following sentences of this subsection, all rights,¿ 

(4) REQUIREMENT OF TRANSFER.— (A) IN GENERAL.—Subject to this paragraph, all rights, title 

and interests of the United States in the lands described in 

øparagraph (1)¿ paragraph (1)(A), including such interests the 

United States as lessor has in such lands under the Mineral 

Leasing Act of 1920, as amended (30 U.S.C.A. § 181 et seq.), 

will, subject to existing leasehold interests, be transferred 

without cost to the Navajo Tribe and title thereto shall be 

taken by the United States in trust for the benefit of the Navajo Tribe as a part of the Navajo Reservation. øSo long as¿ 

(B) COAL LEASE APPLICATIONS.—

(i) IN GENERAL.—If selected lands coincide with pending 

noncompetitive coal lease applications under the Mineral 

Leasing Act of 1920, as amended (30 U.S.C.A. § 181 et 

seq.), the Secretary may not transfer any United States interests in such lands until the noncompetitive coal lease 

applications have been fully adjudicated. øIf such adjudication¿ 

(ii) ISSUANCE OF LEASES.—If an adjudication under 

clause (i) results in issuance of Federal coal leases to the 


ccoleman on PROD1PC71 with HEARING
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applicants, such transfer shall be subject to such 

leases.øThe leaseholders rights and interests¿ 

(iii) RIGHTS AND INTERESTS OF LEASEHOLDERS.— The 

rights and interests of a holder of a lease described in 

clause (i) in such coal leases will in no way be diminished 

by the transfer of the rights, title and interests of the 

United States in such lands to the Navajo Tribe. øIf any¿ 

(C) CLAIMS UNDER MINING LAW.—If any selected lands are 

subject to valid claims located under the Mining Law of 1872 

the transfer of the selected lands may be made subject to those 

claims. 

ø(2) Those¿ 

(5) State rights.— (A) IN GENERAL.—The interests in lands acquired in the 

State of New Mexico by the Navajo Tribe pursuant to øsubsection 2 of this section¿ paragraph (1)(B) shall be subject to 

the right of the State of New Mexico to receive the same value 

from any sales, bonuses, rentals, royalties and interest charges 

from the conveyance, sale, lease, development, and production 

of coal as would have been received had the subsurface interest 

in such lands remained with the United States and been leased 

pursuant to the Mineral Lands Leasing Act of 1920, as amended (30 U.S.C.A. § 181 et seq.), or any successor Act; or otherwise developed. øThe¿ 

(B) STATE INTERESTS.—The State’s interest shall be accounted for in the same manner as it would have been if a 

lease had issued pursuant to the Mineral Lands Leasing Act 

of 1920, as amended (30 U.S.C.A. § 181 et seq.). 

§ 640d–10(b) 

ø(b) A border¿ (b) PROXIMITY OF LAND TO BE TRANSFERRED OR

ACQUIRED.—A border of any parcel of land so transferred or acquired shall be within eighteen miles of the present boundary of 

the Navajo Reservation: Provided, That, except as limited by subsection (g) of this section, Bureau of Land Management lands anywhere within the States of Arizona and New Mexico may be used 

for the purpose of exchanging for lands within eighteen miles of the 

present boundary of the reservation. 

§ 640d–10(c) 

ø(c) Lands¿ (c) SELECTION OF LAND TO BE TRANSFERRED OR ACQUIRED.—Land to be so transferred or acquired shall, for a period 

of three years after July 8, 1980, be selected by the Navajo Tribe 

after consultation with the Commissioner: Provided, That, at the 

end of such period, the Commissioner shall have the authority to 

select such lands after consultation with the Navajo Tribe: Provided further, That not to exceed thirty-five thousand acres of lands 

so transferred or acquired shall be selected within the State of New 

Mexicoø.¿ : Provided further, That the authority of the Commissioner to select lands under this subsection shall terminate on September 30, 2008. 

§ 640d–10(d) 

ø(d) The¿ (d) REPORTS.—The Commissioner, in consultation with 

the Secretary, shall within sixty days following the first year of enVerDate Aug 31 2005 01:59 Jan 11, 2006 Jkt 049010 PO 00000 Frm 00029 Fmt 6659 Sfmt 6602 E:\HR\OC\SR206.XXX SR206

ccoleman on PROD1PC71 with HEARING
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actment of this subsection report to the House Committee on Interior and Insular Affairs and the Senate Select Committee on Indian 

Affairs, on the progress of the land transfer program authorized in 

subsection (a) of this section. Sixty days following the second year 

of enactment of this subsection the Commissioner, in consultation 

with the Secretary, shall submit a report to the House Committee 

on Interior and Insular Affairs and the Senate Select Committee on 

Indian Affairs giving the status of the land transfer program authorized in subsection (a) of this section, making any recommendations that the Commissioner deems necessary to complete the land 

transfer program. 

§ 640d–10(e) 

ø(e) Payments¿ (e) PAYMENTS.—Payments being made to any 

State or local government pursuant to the provisions of chapter 69 

of Title 31, on any lands transferred pursuant to subsection (a)(1) 

of this section shall continue to be paid as if such transfer had not 

occurred. 

§ 640d–10(f) 

ø(f)(1) For¿ (f) ACQUISITION OF TITLE TO SURFACE AND SUBSURFACE INTERESTS.—

(1) IN GENERAL.—For a period of three years after July 8, 

1980, the Secretary shall not accept title to lands acquired pursuant to subsection (a)(2) of this section unless fee title to both 

surface and subsurface has been acquired or the owner of the 

subsurface interest consents to the acceptance of the surface 

interest in trust by the Secretary. ø(2) If¿ 

(2) PUBLIC NOTICE; REPORT.—If, ninety days prior to the expiration of such three year period, the full entitlement of private lands has not been acquired by the Navajo Tribe and accepted by the Secretary in trust for the Navajo Tribe under the 

restrictions of paragraph (1) of this subsection, the Commissioner, after public notice, shall, within thirty days, make a report thereon to the House Committee on Interior and Insular 

Affairs and the Senate Select Committee on Indian Affairs. 

ø(3) In any case where¿ (3) RIGHTS OF SUBSURFACE OWNERS.—If the Secretary accepts, in trust, title to the surface of 

lands acquired pursuant to subsection (a)(2) of this section 

where the subsurface interest is owned by third parties, the 

trust status of such surface ownership and the inclusion of the 

land within the Navajo Reservation shall not impair any existing right of the subsurface owner to develop the subsurface interest and to have access to the surface for the purpose of such 

development. 

§ 640d–10(g) 

ø(g) No¿ (g) LAND NOT AVAILABLE FOR TRANSFER.—No public 

lands lying north and west of the Colorado River in the State of 

Arizona shall be available for transfer under this section. 

§ 640d–10(h) 

ø(h) The lands¿ (h) ADMINISTRATION OF LAND TRANSFERRED OR

ACQUIRED.—


ccoleman on PROD1PC71 with HEARING
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(1) IN GENERAL.—The land transferred or acquired pursuant 

to this section shall be administered by the Commissioner until 

relocation under the Commission’s [FN4] plan is complete and 

such lands shall be used solely for the benefit of Navajo families residing on Hopi-partitioned lands as of December 22, 

1974: Provided, That the sole authority for final planning decisions regarding the development of lands acquired pursuant to 

this subchapter shall rest with the Commissioner until such 

time as the Commissioner has discharged his statutory responsibility under this subchapter. 

(2) RELOCATION.— (A) IN GENERAL.—In order to facilitate relocation of a 

member of a Tribe, the Commissioner may grant a homesite lease on land acquired under this section to a member 

of the extended family of a Navajo Indian who is certified 

eligible to receive benefits under this Act. 

(B) EXCEPTION.—The Commissioner may not use any 

funds available to the Commissioner to carry out this Act 

to provide housing to an extended family member described 

in subparagraph (A). 

§ 640d–10(i) 

ø(i) The¿ (i) NEGOTIATIONS REGARDING LAND EXCHANGES AND

LEASES.—The Commissioner shall have authority to enter into negotiations with the Navajo and Hopi Tribes with a view to arranging and carrying out land exchanges or leases, or both, between 

such tribes; and lands which may be acquired or transferred pursuant to this section may, with the approval of the Commissioner, be 

included in any land exchange between the tribes authorized under 

øsection 23¿ section 19 of this title. 

§ 640d–11 

øSEC. 12. (a) There is hereby¿ 

SEC. 8. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION. 

(a) ESTABLISHMENT.—There is established as an independent entity in the executive branch the Office of Navajo and Hopi Indian 

Relocation which shall be under the direction of the Commissioner 

on Navajo and Hopi Relocation (hereinafter in this subchapter referred to as the ‘‘Commissioner’’). 

øThe¿ (b) APPOINTMENT.—The Commissioner shall be appointed 

by the President by and with the advice and consent of the Senate. 

(2) The term of office of the Commissioner shall be 2 years. 

An individual may be appointed Commissioner for more than 

one term. The Commissioner serving at the end of a term shall 

continue to serve until his or her successor has been confirmed 

in accordance with paragraph (1) of this subsection. 

(3) The Commissioner shall be a full-time employee of the 

United States, and shall be compensated at the rate of basic 

pay payable for level IV of the Executive Schedule. 

ø(c)(1)(A) Except¿ (c) CONTINUATION OF POWERS.—

(1) POWERS AND DUTIES OF COMMISSIONER; EXISTING

FUNDS.—

(A) POWERS AND DUTIES OF COMMISSIONER.—Except as 

otherwise provided by the Navajo and Hopi Indian Relocation Amendments of 1988, the Commissioner shall have all 


ccoleman on PROD1PC71 with HEARING
32 

the powers and be responsible for all the duties that the 

Navajo and Hopi Indian Relocation Commission had before 

November 16, 1988. 

ø(B) All¿ (B) EXISTING FUNDS.—All funds appropriated 

to the Navajo and Hopi Indian Relocation Commission before the date on which the first Commissioner on Navajo 

and Hopi Indian Relocation is confirmed by the Senate 

that have not been expended on such date shall become 

available to the Office of Navajo and Hopi Indian Relocation on such date and shall remain available without fiscal 

year limitation. øThere are hereby¿ 

(2) TRANSFER OF POWERS.—There are transferred to the 

Commissioner, on January 31, 1989—

(A) all powers and duties of the Bureau of Indian Affairs 

derived from Public Law 99–190 (99 Stat. at 1236) that relate to the relocation of members of the Navajo Tribe from 

lands partitioned to the Hopi Tribe, and 

(B) all funds appropriated for activities relating to such 

relocation pursuant to Public Law 99–190 (99 Stat. at 

1236): Provided, That such funds shall be used by the 

Commissioner for the purpose for which such funds were 

appropriated to the Bureau of Indian Affairs [FN1]: Provided further, That for administrative purposes such funds 

shall be maintained in a separate account. 

ø(d)(1) Subject¿ (d) POWERS OF COMMISSIONER.— (1) IN GENERAL.—Subject to such rules and regulations as 

may be adopted by the Office of Navajo and Hopi Indian Relocation, the Commissioner shall have the power to— (A) appoint and fix the compensation of such staff and 

personnel as the Commissioner deems necessary in accordance with the provisions of Title 5 governing appointments 

in the competitive service, but at rates not in excess of a 

position classified above a GS–15 of the General Schedule 

under section 5108 of such title; and 

(B) procure temporary and intermittent services to the 

same extent as is authorized by section 3109 of title 5, but 

at rates not to exceed $200 a day for individuals. 

ø(2) The¿ (2) CONTRACTS.—The authority of the Commissioner to enter into contracts for the provision of legal services 

for the Commissioner or for the Office of Navajo and Hopi Indian Relocation shall be subject to the availability of funds provided for such purpose by appropriations Acts. 

ø(3) There¿ (3) AUTHORIZATION OF APPROPRIATIONS.—There 

are authorized to be appropriated for each fiscal year $100,000 

to fund contracts described in paragraph (2). 

ø(e)(1)¿ (e) ADMINISTRATION.—

(1) ADMINISTRATIVE, FISCAL, AND HOUSEKEEPING SERVICES.—

(A) IN GENERAL.—The Commissioner is authorized to 

provide for the administrative, fiscal, and housekeeping 

services of the Office of Navajo and Hopi Indian Relocation 

and is authorized to call upon any department or agency 

of the United States to assist him in implementing the relocation plan, except that the control over and responsibility for completing relocation shall remain in the Commissioner. øIn any¿ 


ccoleman on PROD1PC71 with HEARING
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(B) ASSISTANCE FROM DEPARTMENTS AND AGENCIES.—In 

any case in which the Office calls upon any such department or agency for assistance under this section, such department or agency shall provide reasonable assistance so 

requested. 

ø(2) On¿ (2) FAILURE TO PROVIDE ASSISTANCE.—On failure of 

any agency to provide reasonable assistance as required under 

paragraph (1) of this subsection, the Commissioner shall report 

such failure to the Congress. 

øf¿ (f) TERMINATION.—

(1) IN GENERAL.—The Office of Navajo and Hopi Indian Relocation shall terminate on September 30, 2008. 

(2) TRANSFER OF OFFICE DUTIES.—On the date of termination 

of the Office, any duty of the Office that has not been carried 

out, as determined in accordance with this Act, shall be transferred to the Secretary in accordance with title III of the Navajo-Hopi Land Settlement Amendments of 2005. 

(g) OFFICE OF RELOCATION.—

(1) ESTABLISHMENT.—Effective on October 1, 2006, there is 

established in the Department of the Interior an Office of Relocation. 

(2) DUTIES.—The Secretary, acting through the Office of Relocation, shall carry out the duties of the Office of Navajo and 

Hopi Indian Relocation that are transferred to the Secretary in 

accordance with title III of the Navajo-Hopi Land Settlement 

Amendments of 2005. 

(3) TERMINATION.—The Office of Relocation shall terminate 

on the date on which the Secretary determines that the duties 

of the Office have been carried out. 

§ 640d–12 

øSEC. 13. (a) By no¿ 

SEC. 9. REPORT. 

(a) IN GENERAL.—Not later than the date that is 6 months after 

the date on which the first Commissioner is confirmed by the Senate, the Commissioner shall prepare and submit to the Congress a 

report concerning the relocation of households and members thereof of each tribe and their personal property, including livestock, 

from lands partitioned to the other tribe pursuant to this subchapter. 

ø(b) The¿ (b) INCLUSIONS.—The report required under subsection 

(a) of this section shall øcontain, among other matters, the following:¿ include—

(1) the names of all members of the Navajo Tribe who reside 

within the areas partitioned to the Hopi Tribe and the names 

of all members of the Hopi Tribe who reside within the areas 

partitioned to the Navajo Tribe; 

(2) the names of all other members of the Navajo Tribe, and 

other members of the Hopi Tribe, who are eligible for benefits 

provided under this subchapter and who have not received all 

the benefits for which such members are eligible under this 

subchapter; and 

(3) the fair market value of the habitations and improvements owned by the heads of households identified by the 


ccoleman on PROD1PC71 with HEARING
34 

Commissioner is øFN1¿ being among the persons named in 

clause (1) of this subsection. 

§ 640d–13 

øSEC. 14. (a)¿ 

SEC. 10. RELOCATION OF HOUSEHOLD AND MEMBERS. 

øConsistent¿ (a) AUTHORIZATION.— (1) IN GENERAL.—Consistent with øsection 8¿ section 4 of this 

title and the order of the District Court issued pursuant to 

øsection 3 or 4¿ section 2 of this title, the Commissioner is authorized and directed to relocate pursuant to øsection 8¿ section 4 of this title and such order all households and members 

thereof and their personal property, including livestock, from 

any lands partitioned to the tribe of which they are not members. øThe relocation shall take place in accordance with the 

relocation plan and shall be completed by the end of five years 

from the date on which the relocation plan takes effect.¿ 

(2) SETTLEMENTS OF NAVAJO.—No further settlement of Navajo individuals on the lands partitioned to the Hopi Tribe pursuant to this subchapter or on the Hopi Reservation shall be 

permitted unless advance written approval of the Hopi Tribe is 

obtained. øNo further¿ 

(3) SETTLEMENTS OF HOPI.—No further settlement of Hopi individuals on the lands partitioned to the Navajo Tribe pursuant to this subchapter or on the Navajo Reservation shall be 

permitted unless advance written approval of the Navajo Tribe 

is obtained. øNo individual¿ 

(4) GRAZING.—No individual shall hereafter be allowed to increase the number of livestock he grazes on any area partitioned pursuant to this subchapter to the tribe of which he is 

not a member, nor shall he retain any grazing rights in any 

such area subsequent to his relocation therefrom. 

ø(b) In addition¿ (b) ADDITIONAL PAYMENTS TO HEADS OF HOUSE- HOLDS.—In addition to the payments made pursuant to øsection 

15¿ section 11 of this title, the Commissioner shall make payments 

to heads of households identified in the report prepared pursuant 

to øsection 13¿ section 9 of this title upon the date of relocation of 

such households, as determined by the Commissioner, in accordance with the following schedule: (1) the sum of $5,000 to each head of a household who, prior 

to the expiration of one year after the effective date of the relocation plan, contracts with the Commissioner to relocate; (2) the sum of $4,000 to each head of a household who is not 

eligible for the payment provided for in clause (1) of this subsection but who, prior to the expiration of two years after the 

effective date of the relocation plan, contracts with the Commissioner to relocate; 

(3) the sum of $3,000 to each head of a household who is not 

eligible for the payments provided for in clause (1) or (2) of this 

subsection but who, prior to the expiration of three years after 

the effective date of the relocation plan, contracts with the 

Commissioner to relocate; and 

(4) the sum of $2,000 to each head of a household who is not 

eligible for the payments provided for in clause (1), (2), or (3) 

of this subsection but who, prior to the expiration of four years 


ccoleman on PROD1PC71 with HEARING
35 

after the effective date of the relocation plan, contracts with 

the Commissioner to relocate. 

ø(c) No¿ (c) PAYMENTS FOR PERSONS MOVING AFTER A CERTAIN

DATE.—No payment shall be made pursuant to this section to or 

for any person who, after May 29, 1974, moved into an area partitioned pursuant to section 640d–7 of this title or section 640d–2 or 

640d–3 of this title to a tribe of which he is not a member. 

(d) PROHIBITION.—No payment for benefits under this Act may be 

made to any head of a household if, as of September 30, 2005, that 

head of household has not been certified as eligible to receive the 

payment. 

§ 640d–14 

øSEC. 15. (a)¿ 

SEC. 11. RELOCATION HOUSING. 

øThe Commission¿ (a) PURCHASE OF HABITATION AND IMPROVE- MENTS.—

(1) IN GENERAL.—The Commission shall purchase from the 

head of each household whose household is required to relocate 

under the terms of this subchapter the habitation and other 

improvements owned by him on the area from which he is required to move. øThe purchase¿ 

(2) PURCHASE PRICE.—The purchase price shall be the fair 

market value of such habitation and improvements. øas determined under clause (2) of subsection (b) of section 13.¿ 

ø(b) In addition¿ (b) REIMBURSEMENT FOR MOVING EXPENSES

AND PAYMENT FOR REPLACEMENT DWELLING.—In addition to the 

payments made pursuant to subsection (a) of this section, the Commissioner [shall:] shall— (1) reimburse each head of a household whose household is 

required to relocate pursuant to this subchapter for the actual 

reasonable moving expenses of the household as if the household members were displaced persons under section 202 of the 

Uniform Relocation Assistance and Real Property Acquisition 

Policies Act of 1970 (84 Stat. 1894) [42 U.S.C.A. § 4622]; and 

(2) pay to each head of a household whose household is required to relocate pursuant to this subchapter an amount 

which, when added to the fair market value of the habitation 

and improvements purchased under subsection (a) of this section, equals the reasonable cost of a decent, safe, and sanitary 

replacement dwelling adequate to accommodate such household: Provided, That the additional payment authorized by this paragraph (2) shall not exceed $17,000 for a household of three 

or less and not more than $25,000 for a household of four or 

more, except that the Commissioner may, after consultation 

with the Secretary of Housing and Urban Development, annually increase or decrease such limitations to reflect changes in 

housing development and construction costs, other than costs 

of land, during the preceding year: Provided further, That the 

additional payment authorized by this subsection shall be 

made only to a head of a household required to relocate pursuant to this subchapter who purchases and occupies such replacement dwelling not later than the end of the two-year period beginning on the date on which he receives from the Commissioner final payment for the habitation and improvements 


ccoleman on PROD1PC71 with HEARING
36 

purchased under subsection (a) of this section, or on the date 

on which such household moves from such habitation, whichever is the later date. The payments made pursuant to this 

paragraph (2) shall be used only for the purpose of obtaining 

decent, safe, and sanitary replacement dwellings adequate to 

accommodate the households relocated pursuant to this subchapter. 

ø(c) In implementing¿ (c) STANDARDS; CERTAIN PAYMENTS.— (1) STANDARDS.—In carrying out subsection (b) of this section, the Commissioner shall establish standards consistent 

with those established in the implementation of the Uniform 

Relocation Assistance and Real Property Acquisition Policies 

Act of 1970 (84 Stat. 1894) (42 U.S.C.A. § 4601 et seq.). øNo 

payment¿ 

(2) CERTAIN PAYMENTS.—No payment shall be made pursuant to this section to or for any person who, later than one 

year prior to December 22, 1974, moved into an area partitioned pursuant to øsection 8¿ section 4 of this title or øsection 

3 or 4¿ section 2 of this title to a tribe of which he is not a 

member. 

ø(d) The¿ (d) METHODS OF PAYMENT.—The Commissioner shall 

be responsible for the provision of housing for each household eligible for payments under this section in one of the following manners: ø(1) Should¿ 

(1) HOME OWNERSHIP OPPORTUNITY PROJECTS.—Should any 

head of household apply for and become a participant or homebuyer in a mutual help housing or other homeownership opportunity project undertaken under the United States Housing 

Act of 1937 (50 Stat. 888) as amended ø42 U.S.C.A. § 1437 et 

seq.¿, or in any other federally assisted housing program now 

or hereafter established, the amounts payable with respect to 

such household under paragraph (2) of subsection (b) of this 

section and under subsection (a) of this section shall be paid 

to the local housing agency or sponsor involved as a voluntary 

equity payment and shall be credited against the outstanding 

indebtedness or purchase price of the household’s home in the 

project in a manner which will accelerate to the maximum extent possible the achievement by that household of debt free 

home ownership. ø(2) Should¿ 

(2) PURCHASED AND CONSTRUCTED DWELLINGS.—Should any 

head of household wish to purchase or have constructed a 

dwelling which the Commissioner determines is decent, safe, 

sanitary, and adequate to accommodate the household, the 

amounts payable with respect to such household under paragraph (2) of subsection (b) of this section and under subsection 

(a) of this section shall be paid to such head of household in 

connection with such purchase or construction in a manner 

which the Commissioner determines will assure the use of the 

funds for such purpose. ø(3) Should¿ 

(3) FAILURE TO ARRANGE RELOCATION.—Should any head of 

household not make timely arrangements for relocation housing, or should any head of household elect and enter into an 

agreement to have the Commissioner construct or acquire a 

home for the household, the Commissioner may use the 

amounts payable with respect to such household under paraVerDate Aug 31 2005 01:59 Jan 11, 2006 Jkt 049010 PO 00000 Frm 00036 Fmt 6659 Sfmt 6602 E:\HR\OC\SR206.XXX SR206

ccoleman on PROD1PC71 with HEARING
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graph (2) of subsection (b) of this section and under subsection 

(a) of this section for the construction or acquisition (including 

enlargement or rehabilitation if necessary) of a home and related facilities for such household: Provided, That, the Commissioner may combine the funds for any number of such households into one or more accounts from which the costs of such 

construction or acquisition may be paid on a project basis and 

the funds in such account or accounts shall remain available 

until expended: Provided further, That the title to each home 

constructed or acquired by the Commissioner pursuant to this 

paragraph shall be vested in the head of the household for 

which it was constructed or acquired upon occupancy by such 

household, but this shall not preclude such home being located 

on land held in trust by the United States. 

ø(e) The¿ (e) DISPOSAL OF ACQUIRED DWELLINGS AND IMPROVEMENTS.—The Commission is authorized to dispose of dwellings and 

other improvements acquired or constructed pursuant to this subchapter in such manner, including resale of such dwellings and improvements to members of the tribe exercising jurisdiction over the 

area at prices no higher than the acquisition or construction costs, 

as best effects øsection 8¿ section 4 of this title and the order of 

the District Court pursuant to øsection 3 or 4¿ section 2 of this 

title. 

ø(f) Notwithstanding¿ (f) PREFERENTIAL TREATMENT.—Notwithstanding any other provision of law to the contrary, the Commissioner shall on a preferential basis provide relocation assistance 

and relocation housing under subsections (b), (c), and (d) of this 

section to the head of each household of members of the Navajo 

Tribe who were evicted from the Hopi Indian Reservation as a consequence of the decision in the case of United States v. Kabinto 

(456 F.2d 1087 (1972)): Provided, That such heads of households 

have not already received equivalent assistance from Federal agencies. 

ø(g) Appeals of eligibility determinations 

øNotwithstanding any other provision of law, appeals from any 

eligibility determination of the Relocation Commission, irrespective 

of the amount in controversy, shall be brought in the United States 

District Court for the District of Arizona¿ 

(g) BENEFITS HELD IN TRUST.— (1) IN GENERAL.—Not later than September 30, 2008, the 

Commissioner shall notify the Secretary of the identity of any 

head of household that, as of that date—

(A) is certified as eligible to receive benefits under this 

Act; 

(B) does not reside on land that has been partitioned to 

the tribe of which the head of household is a member; and 

(C) has not received a replacement home. 

(2) TRANSFER OF FUNDS.—Not later than September 30, 2008, 

the Commissioner shall transfer to the Secretary any funds not 

used by the Commissioner to make payments under this Act to 

eligible heads of households. 

(3) DISPOSITION OF TRANSFERRED FUNDS.— (A) IN GENERAL.—The Secretary shall hold any funds 

transferred under paragraph (2) in trust for the heads of 

households described in paragraph (1)(A). 


ccoleman on PROD1PC71 with HEARING
38 

(B) PAYMENT AMOUNTS.—Of the funds held in trust 

under subparagraph (A), the Secretary shall make payments to heads of households described in paragraph (1)(A) 

in amounts that would have been made to the heads of 

households under this Act before September 30, 2008— (i) on receipt of a request of a head of household, to 

be used for a replacement home; or 

(ii) on the date of death of the head of household, if 

the head of household does not make a request under 

clause (i), in accordance with subparagraph (C). 

(C) DISTRIBUTION OF FUNDS ON DEATH OF HEAD OF

HOUSEHOLD.—If the Secretary holds funds in trust under 

this paragraph for a head of household described in paragraph (1)(A) on the death of the head of household, the Secretary shall—

(i) identify and notify any heir of the head of household; and 

(ii) distribute the funds held by the Secretary for the 

head of household to any heir—

(I) immediately, if the heir is at least 18 years 

old; or 

(II) if the heir is younger than 18 years old on 

the date on which the Secretary identified the heir, 

on the date on which the heir attains the age of 18. 

(h) NOTIFICATION.— (1) IN GENERAL.—Not later than 180 days after the date of 

enactment of the Navajo-Hopi Land Settlement Amendments of 

2005, the Commissioner shall notify each eligible head of household who has not entered into a lease with the Hopi Tribe to 

reside on land partitioned to the Hopi Tribe, in accordance with 

section 700.138 of title 25, Code of Federal Regulations (or a 

successor regulation). 

(2) LIST.—On the date on which a notice period referred to in 

section 700.139 of title 25, Code of Federal Regulations (or a 

successor regulation), expires, the Commissioner shall submit to 

the Secretary and the United States Attorney for the District of 

Arizona a list containing the name and address of each eligible 

head of household who— (A) continues to reside on land that has not been partitioned to the Tribe of the head of household; and 

(B) has not entered into a lease to reside on that land. 

(3) CONSTRUCTION OF REPLACEMENT HOMES.—Before July 1, 

2008, but no later than 90 days after receiving a notice of the 

imminent removal of a relocatee from land provided to the Hopi 

Tribe under this Act from the Secretary or the United States Attorney for the District of Arizona, the Commissioner may begin 

construction of a replacement home on any land acquired under 

section 6. 

(i) APPEALS.— (1) IN GENERAL.—The Commissioner shall establish an expedited hearing procedure for any appeal relating to the denial of 

eligibility for benefits under this Act (including regulations promulgated pursuant to this Act) that is pending on, or filed 

after, the date of enactment of the Navajo-Hopi Land Settlement 

Amendments of 2005. 


ccoleman on PROD1PC71 with HEARING
39 

(2) FINAL DETERMINATIONS.—The hearing procedure established under paragraph (1) shall— (A) provide for a hearing before an impartial third party, 

as the Commissioner determines necessary; and 

(B) ensure that a final determination is made by the Office of Navajo and Hopi Indian Relocation for each appeal 

described in paragraph (1) by not later than January 1, 

2008. 

(3) NOTICE.— (A) IN GENERAL.—Not later than 30 days after the date 

of enactment of the Navajo-Hopi Land Settlement Amendments of 2005, the Commissioner shall provide written notice to any individual that the Commissioner determines 

may have the right to a determination of eligibility for benefits under this Act. 

(B) REQUIREMENTS FOR NOTICE.—The notice provided 

under subparagraph (A) shall—

(i) specify that a request for a determination of eligibility for benefits under this Act shall be presented to 

the Commission not later than 180 days after the date 

on which the notice is issued; and 

(ii) be provided—

(I) by mail (including means other than certified 

mail) to the last known address of the recipient; 

and 

(II) in a newspaper of general circulation in the 

geographic area in which an address referred to in 

subclause (I) is located. 

(j) PROCUREMENT OF SERVICES.—

(1) IN GENERAL.—Notwithstanding any other provision of this 

Act, to ensure the full and fair evaluation of the requests referred to in subsection (i)(3)(A) (including an appeal hearing before an impartial third party referred to in subsection (i)(2)(A), 

the Commissioner may enter into such contracts or agreements 

to procure such services, and employ such personnel (including 

attorneys), as the Commissioner determines to be necessary. 

(2) DETAIL OF ADMINISTRATIVE LAW JUDGES OR HEARING OFFI- CERS.—The Commissioner may request the Secretary to act 

through the Director of the Office of Hearings and Appeals to 

make available to the Office of Navajo and Hopi Indian Relocation an administrative law judge or other hearing officer with 

appropriate qualifications to review the requests referred to in 

subsection (i)(3)(A), as determined by the Commissioner. 

(k) APPEAL TO UNITED STATES CIRCUIT COURT OF APPEALS.—

(1) IN GENERAL.—Subject to paragraph (3), any individual 

who, under the procedures established by the Commissioner 

pursuant to this section, is determined not to be eligible to receive benefits under this Act may appeal that determination to 

the United States Circuit Court of Appeals for the Ninth Circuit 

(referred to in this subsection as the ‘‘Circuit Court’’). 

(2) REVIEW.— (A) IN GENERAL.—The Circuit Court shall, with respect to 

each appeal described in paragraph (1)— (i) review the entire record (as certified to the Circuit 

Court under paragraph (3)) on which a determination 


ccoleman on PROD1PC71 with HEARING
40 

of the ineligibility of the appellant to receive benefits 

under this Act was based; and 

(ii) on the basis of that review, affirm or reverse the 

determination. 

(B) STANDARD OF REVIEW.—The Circuit Court shall affirm any determination that the Circuit Court determines 

to be supported by substantial evidence. 

(3) NOTICE OF APPEAL.—

(A) IN GENERAL.—Not later than 30 days after a determination of ineligibility under paragraph (1), an affected 

individual shall file a notice of appeal with—

(i) the Circuit Court; and 

(ii) the Commissioner. 

(B) CERTIFICATION OF RECORD.—On receipt of a notice 

under subparagraph (A)(ii), the Commissioner shall submit 

to the Circuit Court the certified record on which the determination that is the subject of the appeal was made. 

(C) REVIEW PERIOD.—Not later than 60 days after receiving a certified record under subparagraph (B), the Circuit 

Court shall conduct a review and file a decision regarding 

an appeal in accordance with paragraph (2). 

(D) BINDING DECISION.—A decision made by the Circuit 

Court under this subsection shall be final and binding on 

all parties. 

§ 640d–15 

øSEC. 16. (a) The Navajo¿ 

SEC. 12. PAYMENT FOR USE OF LAND. 

(a) IN GENERAL.—The Navajo Tribe shall pay to the Hopi Tribe 

the fair rental value as determined by the Secretary for all use by 

Navajo individuals of any lands partitioned to the Hopi Tribe pursuant to øsections 8 and 3 or 4¿ sections 2 and 4 of this title subsequent to the date of the partition thereof. 

ø(b) The¿ (b) PAYMENT.—The Hopi Tribe shall pay to the Navajo 

Tribe the fair rental value as determined by the Secretary for all 

use by Hopi individuals of any lands partitioned to the Navajo 

Tribe pursuant to øsections 8 and 3 or 4¿ sections 2 and 4 of this 

title subsequent to the date of the partition thereof. 

§ 640d–16 

øSEC. 17. (a)¿ 

SEC. 13. EFFECT OF ACT. 

(a) TITLE, POSSESSION AND ENJOYMENT.— (1) IN GENERAL.—Nothing in this subchapter shall affect the 

title, possession, and enjoyment of lands heretofore allotted to 

Hopi and Navajo individuals for which patents have been 

issued. øSuch¿ 

(2) RESIDENCE ON OTHER RESERVATIONS.—Any Hopi individuals living on the Navajo Reservation shall be subject to the 

jurisdiction of the Navajo Tribe and such Navajo individuals 

living on the Hopi Reservation shall be subject to the jurisdiction of the Hopi Tribe. 

ø(b) Nothing¿ (b) FEDERAL EMPLOYEES.—Nothing in this subchapter shall require the relocation from any area partitioned purVerDate Aug 31 2005 01:59 Jan 11, 2006 Jkt 049010 PO 00000 Frm 00040 Fmt 6659 Sfmt 6602 E:\HR\OC\SR206.XXX SR206

ccoleman on PROD1PC71 with HEARING
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suant to this subchapter of the household of any Navajo or Hopi 

individual who is employed by the Federal Government within such 

area or to prevent such employees or their households from residing in such areas in the future: Provided, That any such Federal 

employee who would, except for the provisions of this subsection, 

be relocated under the terms of this subchapter may elect to be so 

relocated. 

§ 640d–17 

øSEC. 18. (a) Either¿ 

SEC. 14. ACTIONS FOR ACCOUNTING, FAIR VALUE OF GRAZING, AND 

CLAIMS FOR DAMAGES TO LAND. 

(a) ACTIONS BY TRIBES.—Either tribe, acting through the chairman of its tribal council, for and on behalf of the tribe, including 

all villages, clans, and individual members thereof, is hereby authorized to commence or defend in the District Court an action or 

actions against the other tribe for the following purposes if such action or actions are not settled pursuant to øSection 3 or 4¿ section 

2 of this title: 

(1) for an accounting of all sums collected by either tribe 

since the 17th day of September 1957 as trader license fees or 

commissions, lease proceeds, or other similar charges for the 

doing of business or the use of lands within the joint use area, 

and judgment for one-half of all sums so collected, and not paid 

to the other tribe, together with interest at the rate of 6 per 

centum per annum compounded annually; 

(2) for the determination and recovery of the fair value of the 

grazing and agricultural use by either tribe and its individual 

members since the 28th day of September 1962 of the undivided one-half interest of the other tribe in the lands within 

the joint use area, together with interest at the rate of 6 per 

centum per annum compounded annually, notwithstanding the 

fact that the tribes are tenants in common of such lands; and 

(3) for the adjudication of any claims that either tribe may 

have against the other for damages to the lands to which title 

was quieted as aforesaid by the United States District Court 

for the District of Arizona in such tribes, share and share 

alike, subject to the trust title of the United States, without interest, notwithstanding the fact that such tribes are tenants in 

common of such lands: Provided, That the United States may 

be joined as a party to such an action and, in such case, the 

provisions of sections 1346(a)(2) and 1505 of title 28 shall not 

be applicable to such action. 

ø(b) Neither¿ (b) DEFENSES.—Neither laches nor the statute of 

limitations shall constitute a defense to any action authorized by 

this subchapter for existing claims if commenced within two years 

from December 22, 1974, or one hundred and eighty days from the 

date of issuance of an order of the District Court pursuant to øsection 3 or 4¿ section 2 of this title, whichever is later. 

ø(c) Either¿ (c) FURTHER ORIGINAL, ANCILLARY, OR SUPPLE- MENTARY ACTS TO ENSURE QUIET ENJOYMENT.— (1) IN GENERAL.—Either tribe may institute such further 

original, ancillary, or supplementary actions against the other 

tribe as may be necessary or desirable to insure the quiet and 

peaceful enjoyment of the reservation lands of the tribes by the 


ccoleman on PROD1PC71 with HEARING
42 

tribes and the members thereof, and to fully accomplish all objects and purposes of this subchapter. øSuch actions¿ 

(2) ACTION THROUGH CHAIRMAN.—An action under paragraph 

(1) may be commenced in the District Court by either tribe 

against the other, acting through the chairman of its tribal 

council, for and on behalf of the tribe, including all villages, 

clans, and individual members thereof. 

ø(d) Except¿ (d) UNITED STATES AS PARTY; JUDGMENTS AGAINST

THE UNITED STATES.—

(1) IN GENERAL.—Except as provided in clause (3) of subsection (a) of this section, the United States shall not be an indispensable party to any action or actions commenced pursuant to this section. øAny judgment or judgments¿ 

(2) EFFECT OF JUDGMENT.—Any judgment by the District 

Court in such action or actions shall not be regarded as a claim 

or claims against the United States. 

ø(e) All¿ (e) REMEDIES.—All applicable provisional and final remedies and special proceedings provided for by the Federal Rules of 

Civil Procedure and all other remedies and processes available for 

the enforcement and collection of judgments in the district courts 

of the United States may be used in the enforcement and collection 

of judgments obtained pursuant to the provisions of this subchapter. 

§ 640d–18 

øSEC. 19. (a) Notwithstanding¿ 

SEC. 15. JOINT USE. 

(a) REDUCTION OF LIVESTOCK.—

(1) IN GENERAL.—Notwithstanding any provision of this subchapter, or any order of the District Court pursuant to øsection 

3 or 4¿ section 2 of this title, the Secretary is authorized and 

directed to immediately commence reduction of the numbers of 

all the livestock now being grazed upon the lands within the 

joint use area and complete such reductions to carrying capacity of such lands, as determined by the usual range capacity 

standards as established by the Secretary after December 22, 

1974. øThe Secretary is directed to¿ 

(2) CONSERVATION PRACTICES AND METHODS.—The Secretary 

shall institute such conservation practices and methods within 

such area as are necessary to restore the grazing potential of 

such area to the maximum extent feasible. 

ø(b) The¿ (b) SURVEY LOCATION OF MONUMENTS AND FENCING OF

BOUNDARIES.—The Secretary, upon the date of issuance of an order 

of the District Court pursuant to øsections 8 and 3 or 4¿ sections 

2 and 4 of this title, shall provide for the survey location of monuments, and fencing of boundaries of any lands partitioned pursuant 

to øsections 8 and 3 or 4¿ sections 2 and 4 of this title. 

ø(c)(1) Surveying¿ (c) SURVEYING, MONUMENTING AND FENCING; 

LIVESTOCK REDUCTION PROGRAM.—

(1) SURVEYING, MONUMENTING AND FENCING.—Surveying, 

monumenting, and fencing as required by subsection (b) of this 

section shall be completed within twelve months after July 8, 

1980, with respect to lands partitioned pursuant to øsection 4¿ 

section 2 of this title and within twelve months after a final 


ccoleman on PROD1PC71 with HEARING
43 

order of partition with respect to any lands partitioned pursuant to øsection 8¿ section 4 of this title. 

ø(2) The¿ 

(2) LIVESTOCK REDUCTION PROGRAM.—The livestock reduction 

program required under subsection (a) of this section shall be 

completed within eighteen months after July 8, 1980. 

§ 640d–19 

øSEC. 20. The members¿ 

SEC. 16. RELIGIOUS CEREMONIAL USES; PIPING OF WATER. 

The members of the Hopi Tribe shall have perpetual use of Cliff 

Spring as shown on USGS 7 1/2 minute Quad named Toh Ne 

Zhonnie Spring, Arizona, Navajo County, dated 1968; and located 

1,250 feet west and 200 feet south of the intersection of 36 degrees, 

17 minutes, 30 seconds north latitude and 110 degrees, 9 minutes 

west longitude, as a shrine for religious ceremonial purposes, together with the right to gather branches of fir trees growing within 

a 2-mile radius of said spring for use in such religious ceremonies, 

and the further right of ingress, egress, and regress between the 

Hopi Reservation and said spring. The Hopi Tribe is hereby authorized to fence said spring upon the boundary line as follows: Beginning at a point on the 36 degrees, 17 minutes, 30 seconds north 

latitude 500 feet west of its intersection with 110 degrees, 9 minutes west longitude, the point of beginning; thence north 46 degrees west, 500 feet to a point on the rim top at elevation 6,900 

feet; thence southwesterly 1,200 feet (in a straight line) following 

the 6,900 feet contour; thence south 46 degrees east, 600 feet; 

thence north 38 degrees east, 1,300 feet to the point of beginning, 

23.8 acres more or less: Provided, That, if and when such spring 

is fenced, the Hopi Tribe shall pipe the water therefrom to the edge 

of the boundary as hereinabove described for the use of residents 

of the area. The natural stand of fir trees within such 2-mile radius 

shall be conserved for such religious purposes. 

§ 640d–20 

[SEC. 21. Notwithstanding] 

SEC. 17. ACCESS TO RELIGIOUS SHRINES. 

Notwithstanding anything contained in this subchapter to the 

contrary, the Secretary shall make reasonable provision for the use 

of and right of access to identified religious shrines for the members of each tribe on the reservation of the other tribe where such 

use and access are for religious purposes. 

§ 640d–22 

øSEC. 22. The availability¿ 

SEC. 18. EXCLUSION OF PAYMENTS FROM CERTAIN FEDERAL DETERMINATIONS OF INCOME. 

(a) IN GENERAL.—The availability of financial assistance or funds 

paid pursuant to this subchapter may not be considered as income 

or resources or otherwise utilized as the basis (1) for denying a 

household or member thereof participation in any federally assisted 

housing program or (2) for denying or reducing the financial assistance or other benefits to which such household or member would 

otherwise be entitled to under the Social Security Act (42 U.S.C.A. 


ccoleman on PROD1PC71 with HEARING
44 

§ 301 et seq.) or any other Federal or federally assisted program. 

øNone of the funds¿ 

(b) FEDERAL AND STATE INCOME TAXES.—None of the funds provided under this subchapter shall be subject to Federal or State income taxes. 

§ 640d–22 

øSEC. 23. The Navajo¿ 

SEC. 19. AUTHORIZATION OF EXCHANGE. 

(a) IN GENERAL.—The Navajo and Hopi Tribes are hereby authorized to exchange lands which are part of their respective reservations. øIn the event that the Tribes should¿ 

(b) NEGOTIATED EXCHANGES.—If the Tribes negotiate and agree 

on an exchange of lands pursuant to authority granted herein the 

Commissioner shall make available 125 per centum of the relocation benefits provided in øsections 14 and 15¿ sections 10 and 11 

of this title to members of either tribe living on land to be exchanged to other than his or her own tribe, except that such benefits shall be available only if, within one hundred and eighty days 

of the agreement, a majority of the adult members of the tribe who 

would be eligible to relocate from exchanged lands sign a contract 

with the Commissioner to relocate within twelve months of the 

agreement or such later time as determined by the Commissioner 

and such additional benefits shall only be paid to those who actually relocate within such period. 

§ 640d–23 

øSEC. 24. If¿ 

SEC. 20. SEVERABILITY. 

If any provision of this subchapter, or the application of any provision to any person, entity or circumstance, is held invalid, the remainder of this subchapter shall not be affected thereby. 

§ 640d–25 

øSEC. 27. Discretionary fund to expedite relocation efforts 

ø(a) AUTHORIZATION OF APPROPRIATIONS.—To facilitate and expedite the relocation efforts of the Commissioner, there is hereby authorized to be appropriated annually, effective in fiscal year 1981, 

not to exceed $6,000,000 as a discretionary fund. 

ø(b) AUTHORIZED USES.—Funds appropriated under the authority 

of subsection (a) of the section may be used by the Commissioner 

for grants, contracts, or expenditures which significantly assist the 

Commissioner or assist the Navajo Tribe or Hopi Tribe in meeting 

the burdens imposed by this subchapter. 

ø(c) FUNDING AND CONSTRUCTION OF HOPI HIGH SCHOOL AND

MEDICAL CENTER.—The Secretary¿ 

SEC. 21. FUNDING AND CONSTRUCTION OF HIGH SCHOOL AND MEDICAL CENTER. 

The Secretary of the Interior and the Secretary of Health and 

Human Services, as appropriate, shall assign the highest priority, 

in the next fiscal year after July 8, 1980, to the funding and construction of the Hopi high school and Hopi medical center consistent with any plans already completed and approved by appropriate agencies of the respective departments. 


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§ 640d–26 

øSEC. 28. (a) No action¿ 

SEC. 22. ENVIRONMENTAL IMPACT; WILDERNESS STUDY; CANCELLATION OF LEASES AND PERMITS. 

(a) IN GENERAL.—No action taken pursuant to, in furtherance of, 

or as authorized by this subchapter, shall be deemed a major Federal action for purposes of the National Environmental Policy Act 

of 1969, as amended (42 U.S.C.A. § 4321 et seq.) 

ø(b) Any¿ 

(b) EFFECT OF WILDERNESS STUDY.—Any transfer of public lands 

pursuant to this subchapter shall be made notwithstanding the 

provisions of sections 1782 and 1752(g) of title 43. 

(c) CONSTRUCTION REQUIREMENTS.—

(1) IN GENERAL.—Any construction activity under this Act 

shall be carried out in accordance with sections 3 through 7 of 

the Act of June 27, 1960 (16 U.S.C. 469a–1 through 469c). 

(2) COMPLIANCE WITH OTHER REQUIREMENTS.—If a construction activity meets the requirements under paragraph (1), the 

activity shall be considered to be in accordance with any applicable requirement of—

(A) Public Law 89–665 (80 Stat. 915); and 

(B) the Act of June 8, 1906 (34 Stat. 225, Chapter 3060). 

øSEC. 29. (a) Any¿ 

SEC. 23. ATTORNEY FEES AND COURT COSTS. 

(a) IN GENERAL.—In any litigation or court action between or 

among the Hopi Tribe, the Navajo Tribe and the United States or 

any of its officials, departments, agencies, or instrumentalities, 

arising out of the interpretation or implementation of this subchapter, as amended, the Secretary shall pay, subject to the availability of appropriations, attorney’s fees, costs and expenses as determined by the Secretary to be reasonable. øFor each¿ 

(b) AUTHORIZATION OF APPROPRIATIONS.—For each tribe, there is 

hereby authorized to be appropriated not to exceed $120,000 in fiscal year 1981, $130,000 in fiscal year 1982, $140,000 in fiscal year 

1983, $150,000 in fiscal year 1984, and $160,000 in fiscal year 

1985, and each succeeding year thereafter until such litigation or 

court action is finally completed. 

ø(b) Upon¿ (c) AWARD BY COURT.—

øAny Party¿ (1) IN GENERAL.—On the entry of a final judgment in any such litigation or court action, the court shall 

award reasonable attorney’s fees, costs and expenses to the 

party, other than the United States or its officials, departments, agencies, or instrumentalities, which prevails or substantially prevails, where it finds that any opposing party has 

unreasonably initiated or contested such litigation. 

(2) REIMBURSEMENT OF UNITED STATES.—Any party to whom 

such an award has been made shall reimburse the United 

States out of such award to the extent that it has received payments pursuant to subsection (a) of this section. 

ø(c) To¿ (d) EXCESS DIFFERENCE.—To the extent that any award 

made to a party against the United States pursuant to subsection 

(b) of this section exceeds the amount paid to such party by the 

United States pursuant to subsection (a) of this section, such difVerDate Aug 31 2005 01:59 Jan 11, 2006 Jkt 049010 PO 00000 Frm 00045 Fmt 6659 Sfmt 6602 E:\HR\OC\SR206.XXX SR206

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ference shall be treated as if it were a final judgment of the Court 

of Claims under section 2517 of title 28. 

ø(d) This¿ (e) APPLICATION OF SECTION.—This section shall apply 

to any litigation or court action pending upon July 8, 1980, in 

which a final order, decree, or judgment has not been entered, but 

shall not apply to any action authorized by øsection 8 or 18(a) of 

this title¿ section 4 or section 14(a) of this title. 

ø25 U.S.C. § 28 

ø(a) 

ø(b) Any Navajo head of household who desires to do so may submit an application for a life estate lease to the Commissioner. Such 

application shall contain such information as the Commissioner 

may prescribe by regulation, such regulation to be promulgated by 

the Commissioner within ninety days of July 8, 1980. To be considered, such application must be filed with the Commissioner on or 

before April, 1, 1981: Provided, That the Commissioner may, for 

good cause, grant an extension of one hundred and eighty days. 

ø(c) Upon receipt of applications filed pursuant to this section, 

the Commissioner shall group them in the following order: (A) Applicants who are determined to be at least 50 per centum disabled 

as certified by a physician approved by the Commissioner. Such applicants shall be ranked in the order of the severity of their disability. (B) Applicants who are not at least 50 per centum disabled 

shall be ranked in order of their age, with oldest listed first and 

the youngest listed last: Provided, That, if any applicant physically 

resides in quarter quad Nos. 78NW, 77 NE, 77 NW, 55 SW, or 54 

SE as designated on the Mediator’s partition map, such applicant 

shall be given priority over another applicant of equal age. (C) Applicants who did not, as of December 22, 1974, and continuously 

thereafter, maintain a separate place of abode and actually remain 

domiciled on Hopi partitioned lands, and who, but for this subsection would be required to relocate, shall be rejected by the Commissioner. (D) Applicants who were not at least forty-nine years of 

age on December 22, 1974, or are not at least 50 per centum disabled, shall also be rejected by the Commissioner. 

ø(d) The Commission shall have authority to award life estate 

leases to not more than one hundred and twenty applicants with 

first priority being given to applicants listed pursuant to subsection 

(c)(A) of this section and the next priority given to the applicants 

listed pursuant to subsection (c)(B) of this section, in order of such 

listing. 

ø(e) Each life estate lease shall consist of a fenced area not exceeding ninety acres of land which shall include the life tenant’s 

present residence and may be used by the life tenant to feed not 

to exceed twenty-five sheep units per year or equivalent livestock. 

The Secretary, under existing authority, shall make available to 

life estate tenants such assistance during that tenure, as may be 

necessary to enable such tenant to feed such livestock at an adequate nutritional level. 

ø(f) No persons may reside on a life estate other than the life 

tenant, his or her spouse, and minor dependents, and/or such persons who are necessarily present to provide for the care of the life 

tenant. The Commission shall promulgate regulations to carry out 

the intent of this subsection. 


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ø(g) The life estate tenure shall end by voluntary relinquishment, 

or at the death of the life tenant or the death of his or her spouse, 

whichever occurs last: Provided, That each survivorship right shall 

apply only to those persons who were lawfully married to each 

other on or before July 8, 1980. 

ø(h) Nothing in this section shall be construed as prohibiting any 

such applicant who receives a life estate lease under this section 

from relinquishing, prior to its termination, such estate at any time 

and voluntarily relocating. Upon voluntary relinquishment of such 

estate, by such means or instrument as the Secretary shall prescribe, such applicant shall be entitled to relocation benefits from 

the Secretary comparable to those provided by section 640d–14 of 

this title. For life estates terminated by the death of the life tenant 

or his or her surviving spouse, compensation shall be paid to the 

estate of the deceased life tenant or surviving spouse based on the 

fair market value of the habitation and improvements at the time 

of the expiration of such tenure and not before. Such payments 

shall be in lieu of any other payment pursuant to subsection (a) of 

section 640d–14 of this title. Assistance provided pursuant to section 640d–14(b) of this title, shall be paid to any head of household 

lawfully residing on such life estate pursuant to subsection (f) of 

this section who is required to move by the termination of such life 

estate by the death of the life tenant and his or her surviving 

spouse and who does not maintain a residence elsewhere. Compensation under section 640d–14(a) of this title shall be paid and 

distributed in accordance with the last will and testament of the 

life tenant or surviving spouse or, in the event no valid last will 

and testament is left, compensation shall be paid and distributed 

to his or her heirs in accordance with existing Federal law. Upon 

termination of a life estate by whatever means, the dependents residing with the individuals having such life estate so terminated 

shall have ninety days following such termination within which to 

relocate. 

ø(i) The Secretary shall pay, on an annual basis, the fair market 

rental value of such life estate leases to the tribe to whom the 

lands leased were partitioned. 

ø(j) Nothing in this subchapter or any other law shall be construed to prevent a life tenant from making reasonable improvements on the life estate which are related to the residence and agricultural purposes of the life tenancy. 

ø(k) The Commission is authorized to grant not to exceed ten additional life estate leases to Hopi heads of household residing on 

Navajo-partitioned lands under such terms of this section as may 

be appropriate.¿ 

§ 640d–29 

øSEC. 31. (a) Except¿ 

SEC. 24. LOBBYING. 

(a) IN GENERAL.—Except as provided in subsection (b) of this section, no person or entity who has entered into a contract with the 

Commissioner to provide services under this subchapter may engage in activities designed to influence Federal legislation on any 

issue relating to the relocation required under this subchapter. 

ø(b) Subsection¿ (b) APPLICABILITY.—Subsection (a) of this section 

shall not apply to the Navajo Tribe or the Hopi Tribe, except that 


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such tribes shall not spend any funds received from the Office in 

any activities designed to influence Federal legislation. 

§ 640d–30 

øSEC. 32. (a) There¿ 

SEC. 25. NAVAJO REHABILITATION TRUST FUND. 

(a) ESTABLISHMENT.—There is hereby established in the Treasury of the United States a trust fund to be known as the ‘‘Navajo 

Rehabilitation Trust Fund’’, which shall consist of the funds transferred under subsection (b) of this section and of the funds appropriated pursuant to subsection (f) of this section and any interest 

or investment income accrued on such funds. 

ø(b) All¿ (b) DEPOSIT OF INCOME INTO FUND.—All of the net income derived by the Navajo Tribe from the surface and mineral estates of lands located in New Mexico that are acquired for the benefit of the Navajo tribe under section 640d–10 of this title shall be 

deposited into the Navajo Rehabilitation Trust Fund. 

ø[(c) The¿ (c) INVESTMENT OF FUNDS.—The Secretary shall be the 

trustee of the Navajo Rehabilitation Trust Fund and shall be responsible for investment of the funds in such Trust Fund. 

ø(d) Funds¿ (d) AVAILABILITY OF FUNDS.—Funds in the Navajo 

Rehabilitation Trust Fund, including any interest or investment accruing thereon, shall be available to the Navajo Tribe, with the approval of the Secretary, solely for purposes which will contribute to 

the continuing rehabilitation and improvement of the economic, 

educational, and social condition of families, and Navajo communities, that have been affected by— (1) the decision in the Healing case, or related, proceedings; 

(2) the provision of this øAct, or¿ Act; or 

(3) the establishment by the Secretary of the Interior of grazing district number 6 as land for the exclusive use of the Hopi 

Tribe. 

ø(e) By December 1¿ (e) EXPENDITURE OF FUNDS.— (1) IN GENERAL.—Not later than December 1, 1989, the Secretary of the Interior, with the advice of the Navajo Tribe and 

the Office of Navajo and Hopi Indian Relocation, shall submit 

to the Congress a conceptual framework for the expenditure of 

the funds authorized for the Navajo Rehabilitation Trust Fund. 

øSuch framework is to be¿ 

(2) REQUIREMENT.—The framework under paragraph (1) 

shall be consistent with the purposes described in subsection 

(d) of this section. 

ø(f) The¿ (f) TERMINATION.—

(1) IN GENERAL.—The Navajo Rehabilitation Trust Fund 

shall terminate when, upon petition by the Navajo Tribe, the 

Secretary determines that the goals of the Trust Fund have 

been met and the United States has been reimbursed for funds 

appropriated under subsection (f) of this section. 

øAll funds¿ 

(2) TRANSFER OF REMAINING FUNDS.—All funds in the Trust 

Fund on such date shall be transferred to the general trust 

funds of the Navajo Tribe. 

ø(g) There is hereby¿ (g) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There is authorized to be appropriated for 

the Navajo Rehabilitation Trust Fund not [FN3] exceed 


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$10,000,000 in each of fiscal years ø1990, 1991, 1992, 1993, 

1994 and 1995¿ 2006 through 2008. øThe income¿ 

(2) INCOME FROM LAND.—The income from the land referred 

to in subsection (b) of this section shall be used to reimburse 

the General Fund of the United States Treasury for amounts 

appropriated to the Fund. 

§ 640d–31 

øSEC. 32. Nothing¿ 

SEC. 26. AVAILABILITY OF FUNDS FOR RELOCATION ASSISTANCE. 

Nothing in this subchapter prohibits the Commissioner from providing relocation assistance to families certified as eligible, regardless of their current place of residence, with funds appropriated to 

implement this subchapter. 

§ 640d–24 

SEC. 27. AUTHORIZATION OF APPROPRIATIONS. 

(a) RELOCATION OF HOUSEHOLDS AND MEMBERS.—There is authorized to be appropriated to carry out section 10(b) $13,000.000. 

(b) RELOCATION OF HOUSEHOLDS AND MEMBERS.—There are authorized to be appropriated to carry out section 11 such sums as are 

necessary for each of fiscal years 2006 through 2008. 

(c) RETURN TO CARRYING CAPACITY AND INSTITUTION OF CONSERVATION PRACTICES.—There is authorized to be appropriated to 

carry out section 15(a) $10,000,000. 

(d) SURVEY LOCATION OF MONUMENTS AND FENCING OF BOUNDARIES.—There is authorized to be appropriated to carry out section 

15(b) $500,000. 

TITLE II—PERSONNEL OF THE OFFICE OF NAVAJO AND 

HOPI RELOCATION 

5 U.S.C.A. § 3501. Definitions; application 

(a) * * * 

(b) Except as otherwise provided by this subsection and section 

3504 of this title, this subchapter applies to each employee in or 

under an Executive agency. This subchapter does not apply to an 

employee whose appointment is required by Congress to be confirmed by, or made with the advice and consent of, the Senate øor¿, 

to a member of the Senior Executive Service øor¿, the Federal Bureau of Investigation and Drug Enforcement Administration Senior 

Executive Service, or to an employee of the Office of Navajo and 

Hopi Indian Relocation. 

§ 5598. Separation pay for certain employees of the Office of 

Navajo and Hopi Relocation 

(a) IN GENERAL.—Except as provided in subsections (b) and (c), 

the Commissioner of the Office of Navajo and Hopi Indian Relocation shall establish a program to offer separation pay to employees 

of the Office of Navajo and Hopi Indian Relocation (referred to in 

this section as the ‘‘Office’’) in the same manner as the Secretary of 

Defense offers separation pay to employees of a defense agency under 

section 5597. 

(b) SEPARATION PAY.—


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(1) IN GENERAL.—Under the program established under subsection (a), the Commissioner of the Office may offer separation 

pay only to employees within an occupational group or at a pay 

level that minimizes the disruption of ongoing Office programs 

at the time that the separation pay is offered. 

(2) REQUIREMENT.—Any separation pay offered under this 

subsection—

(A) shall be paid in a lump sum; 

(B) shall be in an amount equal to $25,000, if paid on or before December 31, 2007; 

(C) shall be in an amount equal to $20,000, if paid after December 31, 2007, and before January 1, 2009; 

(D) shall be in an amount equal to $15,000, if paid after December 31, 2008, and before January 1, 2010; 

(E) shall not—

(i) be a basis for payment; 

(ii) be considered to be income for the purposes of computing any other type of benefit provided by the Federal 

Government; and 

(F) if any individual is otherwise entitled to receiving any 

severance pay under section 5595 on the basis of any other separation, shall not be payable in addition to the amount of the 

severance pay to which that individual is entitled under section 

5595. 

(c) PROHIBITION.—No amount shall be payable under this section 

to any employee of the Office for any separation occurring after December 31, 2009. 

§8336. Immediate retirement 

(a) * * * 

* * * * * * * 

(j)(1) Except as provided in paragraph (3), an employee is entitled to an annuity if he—

(A)(i) is separated from the service after completing 25 years 

of service or after becoming 50 years of age and completing 20 

years of service, or 

(ii) is involuntarily separated, except by removal for cause on 

charges of misconduct or delinquency, during the 2-year period 

before the date on which he would meet the years of service 

and age requirements under clause (i), 

(B) was employed in the Bureau of Indian Affairs, the Indian 

Health Service, a tribal organization (to the extent provided in 

paragraph (2)), or any combination thereof, continuously from 

December 21, 1972, to the date of his separation or was employed by the Office of Navajo and Hopi Indian Relocation during the period beginning on January 1, 1985, and ending on 

the date of separation of that employee, and 

(C) is not entitled to preference under the Indian preference 

laws. 

§ 8339. Computation of annuity 

(a) Except as otherwise provided by this section, the annuity of 

an employee retiring under this subchapter is—


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(1) * * *

* * * * * * * 

(8) The annuity of an employee of the Office of Navajo and 

Hopi Indian Relocation described in section 8336(j)(1)(B) shall 

be determined under subsection (a), except that with respect to 

service of that employee on or after January 1, 1985, the annuity of that employee shall be in an amount equal to the sum 

of—

(A) the product obtained by multiplying—

(i) 21⁄2 percent of the average pay of the employee; 

and 

(ii) the quantity of service of the employee on or after 

January 1, 1985, that does not exceed 10 years; and 

(B) the product obtained by multiplying— 

(i) 2 percent of the average pay of the employee; and 

(ii) the quantity of service of the service of the employee on or after January 1, 1985, that exceeds 10 

years. 

§ 8412. Immediate retirement 

(a) * * *

* * * * * * * 

(i) An employee of the Office of Navajo and Hopi Indian Relocation is entitled to any annuity if that employee— 

(1) has been continuously employed in the Office of Navajo 

and Hopi Indian Relocation during the period beginning on 

January 1, 1985, and ending on the date of separation of that 

individual; and 

(2)(A) has completed 25 years of service at any age; or 

(B) has attained the age of 50 years and has completed 20 

years of service. 

5 U.S.C.A. § 8415. Computation of basic annuity 

(a) * * * 

* * * * * * * 

(n) The annuity of an employee retiring under section 8412(i) 

shall be determined in accordance with subsection (d), except that 

with respect to service during the period beginning on January 1, 

1985, the annuity of the employee shall be an amount equal to the 

sum of— 

(1) the product obtained by multiplying— 

(A) 2 percent of the average pay of the employee; and 

(B) the quantity of the total service of the employee that 

does not exceed 10 years; and 

(2) the product obtained by multiplying— 

(A) 11⁄2 percent of the average pay of the employee; and 

(B) the quantity of the total service of the employee that 

exceeds 10 years. 


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TITLE III—TRANSFER OF FUNCTIONS AND 

SAVINGS PROVISIONS 

SEC. 301. DEFINITIONS. 

In this title: 

(1) FEDERAL AGENCY.—The term ‘‘Federal agency’’ has the 

meaning given the term ‘‘agency’’ in section 551(1) of title 5, 

United States Code. 

(2) FUNCTION.—The term ‘‘function’’ means any duty, obligation, power, authority, responsibility, right, privilege, activity, 

or program. 

(3) OFFICE.—The term ‘‘Office’’ means the Office of Navajo 

and Hopi Relocation (including any component of that office). 

SEC. 302. TRANSFER OF FUNCTIONS. 

Effective on the date of enactment of this Act, there is transferred 

to the Secretary of the Interior any function of the Office that has 

not been carried out by the Office on the date of enactment of this 

Act, as determined by the Secretary of the Interior in accordance 

with the Act of December 22, 1974 (25 U.S.C. §640 et. seq.) (as 

amended by title I). 

Æ 


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